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CONSTITUTION 


OF 


m 


WEST    VIRGINIA 


AS  ADOPTED  IN  1872 


With  Amendments  Since  Made 


Compliments   of 
STUART  F.  REED, 

Secretary  of  State. 


;    .-, 


CONSTITUTION 


OF 


WEST    VIRGINIA 


AS  ADOPTED  IN  1872 


With  Amendments  Since  Made 


Compliments   of 
STUART  F.  REED, 

Secretary  of  State, 


Union  Publishing  Co.,   Charleston,   W.   Va. 


CONSTITUTION 


OF 


W^EST     A^IRGINIA. 

AS  ADOPTED  IN  1872,   WITH  THE   AMEND 
MENTS   SINCE  MADE. 


TABLE   OF    CONTENTS. 


Article  I.  Relations  to  the  Government  of  the  United  States. 

Article  II.  The  State. 

Article  III.  Bill  of  Rights. 

Article  IV.  Elections  and  Officers. 

Article  V.  Division  of  Powers. 

Article  VI.  The  Legislature. 

Article  VII.  Executive  Department. 

Article  VIII.  Judiciary  Department. 

Article  IX.  County  Organization. 

Article  X.  Taxation  and  Finance. 

Article  XI.  Corporations. 

Article  XII.  Education. 

Article  XIII.  Land  Titles. 

Article  XIV.  Amendments — how  may  be  made. 

The  Judicial  Amendment. 

The  Irreducible  School  Fund  Amendment. 

ARTICLE  I. 

RELATIONS  TO  THE  GOVERNMENT  OF  THE  UNITED  STATES. 

1.  The  State  of  West  Virginia  is,  and  shall  remain,  one  of  the  United  States 
of  America.  The  Constitution  of  the  United  States  of  America,  and  the  laws 
and  treaties  made  in  pursuance  thereof,  shall  be  the  supreme  law  of  the  land. 

2.  The  government  of  the  United  States  is  a  government  of  enumerated 
powers,  and  all  powers  not  delegated  to  it,  nor  inhibited  to  the  States,  are  reserved 
to  the  States  or  to  the  people  thereof.  Among  the  powers  so  reserved  to  the 
States  is  the  exclusive  regulation  of  their  own  internal  government  and  police; 
and  it  is  the  high  and  solemn  duty  of  the  several  departments  of  government, 
created  by  this  Constitution,  to  guard  and  protect  the  people  of  this  State,  from 
all  encroachments  upon  the  rights  so  reserved. 

3.  The  provisions  of  the  Constitution  of  the  United  States,  and  of  this  State, 
are  operative  ahke  in  a  period  of  war  as  in  time  of  peace,  and  any  departure 
therefrom,  or  violation  thereof,  under  the  plea  of  necessity,  or  any  other  plea, 
is  subversive  of  good  government,  and  tends  to  anarchy  and  despotism. 

4.  For  the  election  of  representatives  to  Congress,  the  State  shall  be  divided 
into  districts,  corresponding  in  number  with  the  representatives  to  which  it  may 


333241 


4  CONSTITXJTION   OF   WEST   VIRGINIA. 

be  entitled;  which  distiictfe  Shall  be  formed  of  contiguous  counties,  and  be  com- 
pact. Each  district  shall  contain,  as  nearly  as  may  be,  an  equal  number  of 
population,  to  be  determined  according  to  the  rule  prescribed  in  the  Constitution 
of  the  United  States. 

ARTICLE  II. 

THE   STATE. 

1.  The  territory  of  the  following  counties,  formerly  parts  of  the  Common- 
wealth of  Virginia,  shall  constitute  and  form  the  State  of  West  Virginia,  viz.: 

The  counties  of  Barbour,  Berkeley,  Boone,  Braxton,  Brooke,  Cabell,  Calhoun, 
Clay,  Doddridge,  Fayette,  Gilmer,  Grant,  Greenbrier,  Hampshire,  Hancock, 
Hardy,  Harrison,  Jackson,  Jefferson,  Kanawha,  Lewis,  Lincoln,  Logan,  Marion, 
Marshall,  Mason,  McDowell,  Mercer,  Mineral,  *Mingo,  Monongaha,  Monroe, 
Morgan,  Nicholas,  Ohio,  Pendleton,  Pleasants,  Pocahontas,  Preston,  Putnam, 
Raleigh,  Randolph,  Ritchie,  Roane,  Summers,  Taylor,  Tucker,  Tyler,  Upshur, 
Wayne,  Wetzel,  Webster,  Wirt,  Wood  and  Wyoming.  The  State  of  West  Vir- 
ginia includes  the  bed,  bank  and  shores  of  the  Ohio  river,  and  so  much  of  the 
Big  Sandy  river  as  was  formerly  included  in  the  Commonwealth  of  Virginia; 
and  all  territorial  rights  and  property  in,  and  jurisdiction  over  the  same,  here- 
tofore reserved  by,  and  vested  in,  the  Commonwealth  of  Virginia,  are  vested  in 
and  shall  hereafter  be  exercised  by  the  State  of  West  Virginia.  And  such  parts 
of  the  said  beds,  banks  and  shores  as  he  opposite,  and  adjoining  the  several 
counties  of  this  State,  shall  form  parts  of  said  several  counties  respectively. 
*  Mingo  county  created  by  Acts  1895. 

2.  The  powers  of  government  reside  in  all  the  citizens  of  the  State,  and  can 
be  rightfully  exercised  only  in  accordance  with  their  will  and  appointment. 

3.  All  persons  residing  in  this  State,  born,  or  naturalized  in  the  United  States, 
and  subject  to  the  jurisdiction  thereof,  shall  be  citizens  of  this  State. 

4.  Every  citizen  shall  be  entitled  to  equal  representation  in  the  government, 
and,  in  all  apportionments  of  reijresentation,  equality  of  numbers  of  those  en- 
titled thereto,  shall  as  far  as  practicable,  be  preserved. 

5.  No  distinction  shall  be  made  between  resident  aliens  and  citizens,  as  to 
the  acquisition,  tenure,  disposition  or  descent  of  property-. 

6.  Treason  against  the  State  shall  consist  only  in  levying  war  against  it,  or 
in  adhering  to  its  enemies,  giving  them  aid  and  comfort.  No  person  shall  be 
convicted  of  treason,  unless  on  the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  on  confession  in  open  court.  Treason  shall  be  punished,  according  to  the 
character  of  the  acts  committed,  bj^  the  infhction  of  one,  or  more,  of  the  penalties, 
of  death,  imi)risonment  or  fine,  as  may  be  prescribed  by  law. 

7.  The  i)resent  seal  of  the  State,  with  its  motto,  "Montani  Semper  Liberi," 
shall  be  the  great  seal  of  the  State  of  West  Virginia,  and  shall  be  kept  by  tlie 
Secretary  of  State,  to  be  used  by  him  officially,  as  directed  by  law. 

8.  Writs,  grants  and  commissions,  issued  under  the  authority  of  tliis  State, 
shall  run  in  the  name  of,  and  official  bonds  shall  be  made  payable  to  the  State 
of  West  Virginia.  Indictments  shall  conclude,  "Against  the  peace  and  dignity 
of  the  State." 

ARTICLE  III. 

BILL   OF   RIGHTS. 

1.    All  men  are,  by  nature,  equally  free  and  independent,  and  have  certain 


Constitution  of  West  Vieginia.  5 

inherent  rights,  of  which,  when  they  enter  into  a  state  of  society,  they  cannot, 
by  any  compact,  deprive  or  divest  their  posterity,  namely:  the  enjoyment  of 
hfe  and  liberty,  viath  the  means  of  acquiring  and  possessing  property,  and  of 
pursuing  and  obtaining  happiness  and  safety. 

2.  All  power  is  vested  in,  and  consequently  derived  from,  the  people.  Magis- 
trates are  their  trustees  and  servants,  and  at  all  times  amenable  to  them. 

3.  Government  is  instituted  for  the  common  benefit,  protection  and  security 
of  the  people,  nation  or  community.  Of  all  its  various  forms  that  is  the  best, 
which  is  capable  of  producing  the  greatest  degree  of  happiness  and  safety,  and  is 
most  effectually  secured  against  the  danger  of  mal-administration;  and  when  any 
government  shall  be  found  inadequate  or  contrary  to  these  purposes,  a  majority 
of  the  community  has  an  indubitable,  inahenable,  and  indefeasible  right  to  reform, 
alter  or  aboUsh  it  in  such  manner  as  shall  be  judged  most  conducive  to  the 
public  weal. 

4.  The  privilege  of  the  writ  of  habeas  corpus  sha\\  not  be  suspended.  No  person 
shall  be  held  to  answer  for  treason,  felony  or  other  crime,  not  cognizable  by  a 
justice,  unless  on  presentment  or  indictment  of  a  grand  jury.  No  bill  of  attainder, 
ex-post  facto  law,  or  law  impairing  the  obligation  of  a  contract,  shall  be  passed. 

5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor  cruel 
and  unusual  punishment  inflicted.  Penalties  shall  be  proportioned  to  the 
character  and  degree  of  the  offense.  No  person  shall  be  transported  out  of,  or 
forced  to  leave  the  State  for  any  offense  committed  within  the  same;  nor  shall 
any  person,  in  any  criminal  case,  be  compelled  to  be  a  witness  against  himself, 
or  be  twice  put  in  jeopardy  of  life  or  liberty  for  the  same  ofTense. 

6.  The  right  of  citizens  to  be  secure  in  their  houses,  persons,  papers  and  effects, 
against  unreasonable  searches  and  seizures,  shall  not  be  violated.  No  warrant 
shall  issue  except  upon  probable  cause,  supported  by  oath  or  affirmation,  partic- 
ularly describing  the  place  to  be  searched,  or  the  person  or  thing  to  be  seized. 

7.  No  law  abridging  the  freedom  of  speech,  or  of  the  press,  shall  be  passed; 
but  the  Legislature  may  by  suitable  penalties,  restrain  the  publication  or  sale  of 
obscene  books,  papers  or  pictures,  and  provide  for  the  punishment  of  libel,  and 
defamation  of  character,  and  for  the  recovery  in  civil  actions,  by  the  aggrieved 
party,  of  suitable  damages  for  such  libel,  or  defamation. 

8.  In  prosecutions  and  civil  suits  for  libel,  the  truth  may  be  given  in  evidence; 
and  if  it  shall  appear  to  the  jury  that  the  matter  charged  as  libellous,  is  true,  and 
was  published  with  good  motives,  and  for  justifiable  ends,  the  verdict  shall  be 
for  the  defendant. 

9.  Private  property  shall  not  be  taken  or  damaged  for  pubfic  use,  without 
just  compensation;  nor  shall  the  same  be  taken  by  any  company,  incorporated 
for  the  purpose  of  internal  improvements,  until  just  compensation  shall  have 
been  paid  or  secured  to  be  paid,  to  the  owner;  and  when  private  property  shall 
be  taken,  or  damaged,  for  pubfic  use,  or  for  the  use  of  such  corporations,  the 
compensation  to  the  owner  shall  be  ascertained  in  such  manner,  as  may  be  pre- 
scribed by  general  law;  Provided,  that  when  required  by  either  of  the  parties, 
such  compensation  shall  be  ascertained  by  an  impartial  jury  of  twelve  freeholders. 

10.  No  person  shall  be  deprived  of  life,  liberty,  or  property,  without  due 
process  of  law,  and  the  judgement  of  liis  peers. 

11.  Political  tests  requiring  persons,  as  a  pre-requisite  to  the  enjoyment  of 
their  civil  and  political  rights,  to  purge  themselves  by  their  owti  oaths,  of  past 


6  Constitution  of  West  Virginia. 

alleged  offences,  are  requgnant  to  the  principles  of  free  government,  and  are 
cruel  and  oppressive.  No  religious  or  political  test  oath  shall  be  required  as  a 
pre-requisite  or  qualification  to  vote,  serve  as  a  juror,  sue,  plead,  appeal,  or  pursue 
any  profession  or  employment.  Nor  shall  anj-  person  be  deprived  by  law.  of  any 
right,  or  privilege,  because  of  any  act  done  prior  to  the  passage  of  such  law. 

12.  Standing  armies  in  time  of  peace,  should  be  avoided  as  dangerous  to 
libertJ^  The  military  shall  be  subordinate  to  the  ci\-il  power;  and  no  citizen, 
unless  engaged  in  the  military  service  of  the  State,  shall  be  tried  or  punished  by 
any  military  court,  for  anj'  offense  that  is  cognizable  by  the  civil  courts  of  the 
State.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house,  without 
the  consent  of  the  owner;  nor  in  time  of  war,  except  in  the  manner  to  be  pre- 
scribed by  law. 

13.  [As  amended — Acts  1879,  p.  182.]  In  suits  at  common  law,  where  the 
value  in  controversy  exceed  twenty  dollars  exclusive  of  interests  and  costs,  the 
right  of  trial  by  jury,  if  required  by  either  party,  shall  be  preserved;  and  in  such 
suit  before  a  justice  a  jurj^  may  consist  of  six  persons.  No  fact  tried  by  a  jury 
shall  be  otherwise  re-examined  in  any  case  than  according  to  the  rules  of  the 
common  law. 

14.  Trials  of  crimes,  and  of  misdemeanors,  unless  herein  otherwise  provided, 
shall  be  by  a  jury  of  twelve  men,  pubHc,  without  unreasonable  delay,  and  in  the 
county  where  the  alleged  offence  was  committed,  unless  upon  petition  of  the 
accused,  and  for  good  cause  shown,  it  is  removed  to  some  other  county.  In  all 
such  trials,  the  accused  shall  be  fully  and  plainly  informed  of  the  character  and 
cause  of  the  accusation,  and  be  confronted  with  the  witnesses  against  liim,  and 
shall  have  the  assistance  of  counsel,  and  a  reasonable  time  to  prepare  for  his 
defence;  and  there  shall  be  awarded  to  him  compulsory  process  for  obtaining 
witnesses  in  his  favor. 

15.  No  man  shall  be  compelled  to  frequent  or  support  any  religious  worship, 
place  or  ministry  whatsoever;  nor  shall  any  man  be  enforced,  restrained,  molested 
or  burthened,  in  his  body  or  goods,  or  otherwise  suffer,  on  account  of  his  reli- 
gious opinions  or  belief,  but  all  men  shall  be  free  to  profess,  and  by  argument,  to 
maintain  their  opinions  in  matters  of  religion;  and  the  same  shall,  in  no  wise, 
affect,  diminish  or  enlarge  their  civil  capacities;  and  the  legislature  shall  not 
prescribe  any  religious  test  whatever,  or  confer  any  pecular  privileges  or  advan- 
tages on  any  sect  or  denomination,  or  pass  any  law  requiring  or  authorizing  any 
religious  society,  or  the  people  of  any  district  within  this  State,  to  levy  on  them- 
selves, or  others,  any  tax  for  the  erection  or  repair  of  any  house  for  public  worshij), 
or  for  the  support  of  any  church  or  ministry,  but  it  .«hall  be  left  free  for  every 
person  to  select  his  religious  instructor,  and  to  make  for  his  supi)ort,  such  private 
contract  as  he  shall  please. 

16.  The  right  of  the  people  to  assemble  in  a  peaceable  manner,  to  consult 
for  the  common  good,  to  instruct  their  representatives,  or  to  apply  for  redress  of 
grievances,  shall  be  hold  inviolate. 

17.  The  courts  of  this  State  shall  be  open,  and  every  person,  for  an  injury 
done  to  him,  in  his  person,  property  or  rei)utation,  shall  have  remoily  by  due 
course  of  law;  and  justice  shall  be  administered  without  sale,  denial  or  delay. 

18.  No  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate. 

19.  No  hereditary  emoluments,  honors,  or  privileges  shall  ever  be  granted 
or  confernHJ  in  this  State. 


Constitution  op  West  Virginia.  7 

20.  Free  government  and  the  blessings  of  liberty  can  be  preserved  to  any 
people  only  by  a  firm  adherence  to  justice,  moderation,  temperance,  frugality 
and  virtue,  and  by  a  frequent  recurrence  to  fundamental  principles. 

ARTICLE  IV. 

ELECTIONS  AND  OFFICERS. 

1.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at  all  elections 
held  within  the  counties  in  which  they  respectively  reside;  but  no  person  who 
is  a  minor,  or  of  unsound  mind,  or  a  pauper,  or  who  is  under  conviction  of  treason, 
felony,  or  bribery  in  an  election,  or  who  has  not  been  a  resident  of  the  State  for 
one  year,  and  of  the  county  in  which  he  offers  to  vote,  for  sixty  days  next  pre- 
ceding such  offer,  shall  be  permitted  to  vote  while  such  disability  continues;  but 
no  person  in  the  mihtary,  naval  or  marine  service  of  the  United  States  shall  be 
deemed  a  resident  of  this  State  by  reason  of  being  stationed  therein. 

2.  In  all  elections  by  the  people,  the  mode  of  voting  shall  be  by  ballot;  but 
the  voter  shall  be  left  free  to  vote  by  either  open,  sealed  or  secret  ballot,  as  he 
may  elect. 

3.  No  voter,  during  the  continuance  of  an  election  at  which  he  is  entitled 
to  vote,  or  during  the  time  necessary  and  convenient  for  going  to  and  returning 
from  the  same,  shall  be  subject  to  arrest  upon  civil  procees,  or  be  compelled  to 
attend  any  court,  or  judicial  proceeding,  as  suitor,  juror  or  witness;  or  to  work 
upon  the  public  roads;  or,  except  in  time  of  war  or  pubhc  danger,  to  render 
military  service. 

4.  No  person,  except  citizens  entitled  to  vote,  shall  be  elected  or  appointed 
to  any  State,  county  or  municipal  office;  but  the  Governor  and  Judges  must 
have  attained  the  age  of  thirty,  and  the  Attorney  General  and  Senators  the  age 
of  twenty-five  years,  at  the  beginning  of  their  respective  terms  of  service;  and 
must  have  been  citizens  of  the  State  for  five  years  next  preceding  their  election 
or  appointment,  or  be  citizens  at  the  time  this  Constitution  goes  into  operation. 

5.  Every  person  elected  or  appointed  to  any  office,  before  proceeding  to 
exercise  the  authorit}',  or  discharge  the  duties  thereof,  shall  make  oath  or  affir- 
mation that  he  will  support  the  Constitution  of  the  United  States  and  the  Con- 
stitution of  this  State,  and  that  he  will  faithfully  discharge  the  duties  of  his  said 
office  to  the  best  of  his  skill  and  judgment;  and  no  other  oath,  declaration,  or 
test  shall  be  required  as  a  quahfication,  unless  herein  otherwise  provided. 

6.  All  officers  elected  or  appointed  under  this  Constitution,  may,  unless  in 
cases  herein  otherwise  provided  for,  be  removed  from  office  for  official  mis- 
conduct, incompetence,  neglect  of  duty,  or  gross  immorality,  in  such  manner 
as  may  be  prescribed  by  general  laws,  and  unless  so  removed  they  shall  con- 
tinue to  discharge  the  duties  of  their  respective  offices  until  their  successors  are 
elected,  or  appointed  and  qualified. 

7.  [As  amended — Acts  1883,  p.  137.]  The  general  elections  of  State  and 
county  officers,  and  of  members  of  the  legislature,  shall  be  held  on  the  Tuesday 
next  after  the  first  Mondaj'  in  November,  until  otherwise  provided  by  law.  The 
terms  of  such  officers,  not  elected,  or  appointed  to  fill  a  vacancy,  shall,  unless 
herein  otherwise  provided,  begin,  on  the  first  day  of  January;  and  of  the  members 
of  the  legislature,  on  the  first  day  of  December  next  succeeding  their  election. 
Elections  to  fill  vacancies  shall  be  for  the  unexpired  term.    When  vacancies  occur 


8  Constitution  of  West  Virginia. 

prior  to  any  general  election,  they  shall  be  filled  by  appointments,  in  such  manner 
as  ma}"^  be  jjrescribed  herein,  or  by  general  law,  which  appointments  shall  expire 
at  such  time  after  the  next  general  election  as  the  person  so  elected  to  fill  such 
vacancy  shall  bo  qualified. 

8.  The  legislature,  in  cases  not  provided  for  in  this  Constitution,  shall  pre- 
scribe, by  general  laws,  the  terms  of  office,  powers,  duties  and  compensation  of 
all  public  officers  and  agents,  and  the  manner  in  which  they  shall  bo  elected, 
appointed  and  removed. 

9.  Any  officer  of  the  State  maj-  be  impeached  for  mal-administration,  corrup- 
tion, incompetency,  gross  immorality,  neglect  of  duty,  or  any  high  crime  or  mis- 
demeanor. The  House  of  Delegates  shall  have  the  sole  power  of  impeachment. 
The  Senate  shall  have  the  sole  power  to  try  impeachments,  and  no  person  shall 
be  convicted  without  the  concurrence  of  two-thirds  of  the  members  elected 
thereto.  When  sitting  as  a  court  of  impeachment,  the  President  of  the  Supreme 
Court  of  Appeals,  or,  if  from  any  cause  it  be  improper  for  him  to  act,  then  any 
other  judge  of  that  court,  to  be  designated  by  it,  shall  preside;  and  the  Senators 
shall  be  on  oath  or  affirmation  to  do  justice  according  to  law  and  evidence. 
Judgment  in  cases  of  impeachment  shall  not  extend  further  than  to  removal 
from  office,  and  disquaUfication  to  hold  any  office  of  honor,  trust  or  profit,  under 
the  State;  but  the  party  convicted  shall  be  liable  to  indictment,  trial,  judgment 
and  punishment  according  to  law.  The  Senate  may  sit  during  the  recess  of  the 
Legislature,  for  the  trial  of  impeachments. 

10.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of  this  Constitu- 
tion, either  in,  or  out  of  the  State,  fight  a  duel  with  deadly  weapons,  or  send  or 
accept  a  challenge  so  to  do,  or  who  shall  act  as  a  second  or  knowingly  aid  or  assist 
in  such  duel,  shall,  ever  thereafter,  be  incapable  of  holding  any  office  of  honor, 
trust  or  profit  in  this  State. 

11.  The  Legislature  shall  prescribe  the  manner  of  conducting  and  making 
returns  of  elections;  and  of  determining  contested  elections,  and  shall  pass  such 
laws  as  may  be  necessary  and  proper  to  prevent  intimidation,  disorder  or  violence 
at  the  polls,  and  corruption  or  fraud  in  voting,  counting  the  vote,  ascertaining 
and  declaring  the  result,  or  fraud  in  anj'  manner,  upon  the  ballot. 

12.  [As  amended  in  1902,  Acts  1901,  p.  472.]  The  Legislature  shall  enact 
l)roper  laws  for  the  registration  of  all  qualified  voters  in  this  State. 

ARTICLE  V. 

DIVISION    OF    POWERS. 

1.  The  Legislative,  Executive  and  Judicial  Departments  shall  be  separate 
and  distinct,  so  that  neither  shall  exercise  the  powers  properly  belonging  to 
either  of  the  others;  nor  shall  any  person  excerise  the  powers  of  more  than  one 
of  them  at  the  same  time,  excejit  that  justices  of  the  peace  shall  be  eligible  to 
the  Legislature. 

ARTICLE  VI. 

LEGISLATURE. 

1.  The  legislative  power  shall  be  vostetl  in  a  Senate  and  House  of  Delegates 
The  style  of  their  Acts  shall  be,  "Be  it  enacted  by  the  Legislature  of  West 
Virginia." 


Constitution  of  West  Virginia.  9 

2.  The  *Senate  shall  be  composed  of  twenty-four,  and  the  House  of  Dclej^^ates 
of  sixty-five  members,  subject  to  be  increased  according  to  the  provisions  herein- 
after contained. 

3.  Senators  shall  be  elected  for  the  term  of  four  years  and  Delegates  for  the 
term  of  two  years.  The  Senators  first  elected,  shall  divide  themselves  into  two 
classes,  one  Senator  from  everj-  district  being  assigned  to  each  class;  and  of  these 
classes,  the  first  to  be  designated  by  lot  in  such  manner  as  the  Senate  may  deter- 
mine, shall  hold  their  seats  for  two  years;  and  the  second  for  four  years,  so  that 
after  the  first  election,  one-half  of  the  Senators  shall  be  elected  biennially. 

4.  For  the  election  of  Senators,  the  State  shall  be  divided  into  *twelve  Sena- 
torial Districts,  which  number  shall  not  be  diminished,  but  m.ay  be  increased  as 
hereinafter  provided.  Every  district  shall  elect  two  Senators,  but  where  the 
district  is  composed  of  more  than  one  county,  both  shall  not  be  chosen  from  the 
same  county.  The  districts  shall  be  compact,  formed  of  contiguous  territory, 
bounded  by  county  fines,  and,  as  nearly  as  practicable,  equal  in  population,  to 
be  ascertained  by  the  census  of  the  United  States.  After  every  such  census,  the 
Legislature  shall  alter  the  Senatorial  Districts,  so  far  as  may  be  necessary  to  make 
them  conform  to  the  foregoing  provision. 

*  The  Senate  nov,-  consists  of  30  and  the  House  of  Delegates  of  86  membcr.s;  see  Acts  1901, 
chap.  10. 

5.  Until  the  Senatorialf  Districts  shall  be  altered  by  the  Legislature  as 
herein  prescribed,  the  counties  of  Hancock,  Brooke  and  Ohio  shall  constitute  the 
first  Senatorial  District;  Marshall,  Wetzel  and  Marion,  the  second;  Ritchie, 
Doddridge,  Harrison,  Gilmer  and  Calhoun,  the  third;  Tyler,  Pleasants,  Wood 
and  Wirt  the  fourth;  Jackson,  Mason,  Putnam  and  Roane,  the  fifth;  Kanawha, 
Clay,  Nicholas,  Braxton  and  Webster,  the  sixth,  Cabell,  Wayne,  Lincoln,  Boone, 
Logan,  Wyoming,  McDowell  and  Mercer,  the  seventh;  INIonrce,  Greenbrier, 
Summers,  Pocahontas,  Fayette  and  Raleigh,  the  eighth;  Lewis,  Randolph,  Upshur, 
Barbour,  Taylor  and  Tucker  the  ninth;  Preston  and  Monongafia,  the  tenth; 

-Hampshire,   Mineral,   Hardy,   Grant  and   Pendleton,   the  eleventh;   Berkeley, 
Morgan  and  Jefferson,  the  twelfth. 

t  There  are  now  fifteen  senatorial  districts — see  Acts  1901,  chap.  10. 

6.  For  the  election  of  Delegates,  every  county  containing  a  population  of 
less  than  thi-ee-fifths  of  the  ratio  of  representation  for  the  House  of  Delegates, 
shall,  at  each  apportionment,  be  attached  to  some  contiguous  county  or  counties, 
to  form  a  ^Delegate  District. 

t  Since  1901  there  have  been  no  delegate  districts;  each  county  has  at  least  one  delegate;  see 
Acts  1901,  chap.  10. 

7.  After  every  census  the  Delegates  shall  be  apportioned  as  follows:  The 
ratio  of  representation  for  the  House  of  Delegates  shall  be  ascertained  by  dividing 
the  whole  population  of  the  State  by  the  number  of  which  the  House  is  to  con.sist 
and  rejecting  the  fraction  of  a  unit,  if  any,  resulting  from  such  division.  Dividing 
the  population  of  every  Delegate  District,  and  of  every  count}-  not  included  in  a 
Delegate  District,  by  the  ratio  thus  ascertained,  there  shall  be  assigned  to  each  a 
number  of  Delegates  equal  to  the  quotient  obtained  by  this  division,  excluding 
the  fractional  remainder.  The  additional  Delegates  necessary  to  make  up  the 
number  of  which  the  House  is  to  consist,  shall  then  be  assigned  to  those  Delegate 
Districts,  and  counties  not  included  in  a  Delegate  District,  which  would  other- 
wise have  the  largest  fractions  unrepresented;  but  every  Delegate  District  and 


10  Constitution  of  West  Virginia. 

county  not  included  in  a  Delegate  District,  shall  be  entitled  to  at  least  one 
Delegate. 

8.  Until  a  new  apportionment  shall  be  declared,  the  counties  of  Pleasants 
and  Wood  shall  form  the  first  Delegate  District,  and  elect  three  Delegates; 
Ritchie  and  Calhoun  the  second,  and  elect  iwo  Delegates;  Barbour,  Harrison 
and  Taylor  the  third,  and  elect  one  Delegate;  Randolph  and  Tucker  the  fourth, 
and  elect  one  Delegate;  Nicholas,  Clay  and  Webster  the  fifth,  and  elect  one 
Delegate;  McDowell  and  Wyoming  the  sixth,  and  elect  one  Delegate. 

9.  Until  a  new  apportionment  shall  be  declared  the  apportionment  of  Dele- 
gates to  the  counties  not  included  in  Delegate  Districts,  and  to  Barbour,  Harrison 
and  Taylor  counties,  embraced,  in  such  Districts,  shall  be  as  follows: 

To  Barbour,  Boone,  Braxton,  Brooke,  Cabell,  Doddridge,  Fayette,  Hamp- 
shire, Hancock,  Jackson,  Lewis,  Logan,  Greenbrier,  Monroe,  Mercer,  Mineral 
Morgan,  Grant,  Hardy,  Lincoln,  Pendleton,  Putnam,  Roane,  Gilmer,  Taylor, 
Tyler,  Upshur,  Wayne,  Wetzel,  Wirt,  Pocahontas,  Summers  and  Raleigh  counties, 
one  Delegate  each. 

To  Berkeley,  Harrison,  Jefferson,  Marion,  Marshall,  Mason,  Monongalia  and 
Preston  counties  two  Delegates  each. 

To  Kanawha  countj",  three  Delegates. 

To  Ohio  county,  four  Delegates. 

10.  The  arrangement  of  the  Senatorial  and  Delegate  Districts,  and  apportion- 
ment of  Delegates,  shall  hereafter  be  declared  by  law,  as  soon  as  possible  after 
each  succeeding  census,  taken  by  authority  of  the  United  States.  When  so 
declared  they  shall  apply  to  the  first  general  election  for  members  of  the  Legis- 
lature, to  be  thereafter  held,  and  shall  continue  in  force  unchanged,  until  such 
Districts  shall  be  altered,  and  Delegates  apportioned,  under  the  succeeding 
census. 

11.  Additional  territory  maj^  be  admitted  into,  and  become  part  of  tliis 
State,  with  the  consent  of  the  Legislature  and  a  majority  of  the  qualified  voters 
of  the  State,  voting  on  the  question.  And  in  such  case  provision  shall  be  made  by 
law  for  the  representation  thereof  in  the  Senate  and  House  of  Delegates,  in  con- 
formity with  the  principles  set  forth  in  this  Constitution.  And  the  number  of 
members  of  which  each  house  of  the  Legislature  is  to  consist,  shall  thereafter  be 
increased  by  the  representation  assigned  to  such  additional  territory. 

12.  No  person  shall  be  a  Senator  or  Delegate  who  has  not  for  one  year  next 
preceding  his  election,  been  a  resident  within  the  District  or  county  from  which 
he  is  elected;  and  if  a  Senator  or  Delegate  remove  from  the  District  or  count}' 
for  which  he  was  elected,  his  seat  shall  be  thereby  vacated. 

13.  No  person  holding  a  lucrative  office  under  this  State,  the  United  States, 
or  any  foreign  government;  no  member  of  Congress;  no  person  who  is  a  salaried 
officer  of  any  railroad  company,  or  who  is  .sheriff,  constable,  or  clerk  of  any  court 
of  record,  shall  be  eligible  to  a  seat  in  the  Legislature. 

14.  No  person  who  has  been,  or  hereafter  shall  be  convictetl  of  bribery, 
perjury,  or  other  infamous  crime,  shall  be  eligible  to  a  seat  in  the  Legi.slature. 
No  person  who  may  have  collected  or  been  entrusted  witli  public  money,  whether 
State,  county,  township,  district,  or  other  municipal  organization,  shall  be  efi- 
gible  to  the  Legislature,  or  to  any  office  of  honor,  trust  or  profit  in  tliis  State, 
until  he  shall  have  duly  accounted  for  and  paid  over  such  money  according  to 
law. 


Constitution  of  West  Vieginia.  11 

15.  No  Senator  or  Delegate,  during  the  term  for  which  he  shall  have  been 
elected,  shall  be  elected  or  appointed  to  any  civil  oflEice  of  profit  under  this  State, 
which  has  been  created,  or  the  emoluments  of  which  have  been  increased  during 
such  term,  except  offices  to  be  filled  by  election  by  the  people.  Nor  shall  any 
member  of  the  Legislature  be  interested,  directly  or  indirectly,  in  any  contract 
with  the  State,  or  any  county  thereof,  authorized  by  any  law  passed  during  the 
term  for  which  he  shall  have  been  elected. 

16.  Members  of  the  Legislature,  before  they  enter  upon  their  duties,  shall 
take  and  subscribe  the  following  oath  or  affirmation:  "I  do  solemnly  swear  (or 
affirm)  that  I  will  support  the  Constitution  of  the  United  States,  and  the  Con- 
stitution of  the  State  of  West  Virginia,  and  faithfully  discharge  the  duties  of 
Senator  (or  Delegate)  according  to  the  best  of  my  ability;"  and  they  shall  also 
take  this  further  oath,  to-wit:  "I  will  not  accept  or  receive,  directly  or  indirectly, 
any  money  or  other  valuable  thing,  from  any  corporation,  company,  or  person, 
for  any  vote  or  influence  I  may  give  or  withhold,  as  Senator  (or  Delegate),  on 
any  bill,  resolution  or  appropriation,  or  for  any  act  I  may  do  or  perform  as  Senator 
(or  Delegate)."  These  oaths  shall  be  administered  in  the  hall  of  the  house  to 
which  the  member  is  elected,  by  a  Judge  of  the  Supreme  Court  of  Appeals,  or 
of  a  Circuit  Court,  or  by  any  other  person  authorized  by  law  to  administer  an 
oath;  and  the  Secretary  of  State  shall  record  and  file  said  oaths  subscribed  by 
each  member;  and  no  other  oath  or  declaration  shall  be  required  as  a  qualification. 
Any  member  who  shall  refuse  to  take  the  oath  herein  prescribed,  shall  forfeit 
his  seat;  and  any  member  who  shall  be  convicted  of  having  violated  the  oath 
last  above  required  to  be  taken,  shall  forfeit  his  seat  and  be  disqualified  thereafter 
from  holding  any  ofiice  of  profit  or  trust  in  this  State. 

17.  Members  of  the  Legislature  shall,  in  all  cases  except  treason,  felony,  and 
breach  of  the  peace,  be  privileged  from  arrest  during  the  session,  and  for  ten 
da3's  before  and  after  the  same;  and  for  words  spoken  in  debate,  or  anj^  report, 
motion  or  proi:;osition  made  in  either  house,  a  member  shall  not  be  questioned 
in  any  other  place. 

18.  The  Legislature  shall  assemble  at  the  seat  of  Government  biennially 
and  not  oftener,  unless  convened  by  the  Governor.  The  first  session  of  the 
Legislature,  after  the  adoption  of  this  Constitution,  shall  commence  on  the 
third  Tuesday  of  November,  1872;  and  the  regular  biennial  session  of  the  Legis- 
lature shall  commence  on  the  second  Wednesday  of  January,  1875,  and  every 
two  years  thereafter,  on  the  same  day. 

19.  The  Governor  may  convene  the  Legislature  by  proclamation  whenever, 
in  his  opinion,  the  public  safety  or  welfare  shall  require  it.  It  shall  be  his  duty 
to  convene  it,  on  application  in  writing,  of  three-fifths  of  the  members  elected 
to  each  House. 

20.  The  seat  of  Government  shall  be  at  Charleston,  until  otherwise  provided 
by  law. 

21.  The  Governor  may  convene  the  Legislature  at  another  place,  when,  in 
his  opinion,  it  can  not  safely  assemble  at  the  seat  of  Government,  and  the  Legis- 
lature may,  when  in  session,  adjourn  to  some  other  place,  when  in  its  opinion, 
the  pubUc  safety  or  welfare,  or  the  safety  of  the  members,  or  their  health  shall 
require  it. 

22.  No  session  of  the  Legislature,  after  the  first,  shall  continue  longer  than 


12  Constitution  op  West  Virginia. 

fortj'-five  days,  without  the  concurrence  of  two-thirds  of  the  members  elected 
to  each  House. 

23.  Neither  House  shall,  during  the  session,  adjourn  for  more  than  three 
days,  without  the  consent  of  the  other.  Nor  shall  either,  without  such  consent, 
adjourn  to  any  other  place  than  that  in  which  the  Legislature  is  sitting. 

24.  A  majoritj^  of  the  members  elected  to  each  House  of  the  Legislature, 
shall  constitute  a  quorum.  But  a  smaller  number  may  adjourn  from  day  to  day, 
and  shall  be  authorized  to  compel  the  attendance  of  absent  members,  as  each 
House  may  provide.  Each  House  shall  determine  the  rules  of  its  proceedings 
and  be  the  judge  of  the  elections,  returns  and  quaUfications  of  its  own  members. 
The  Senate  shall  choose,  from  its  owti  body,  a  President;  and  the  House  of 
Delegates,  from  its  own  body,  a  Speaker.  Each  House  shall  appoint  its  own 
oflBicers,  and  remove  them  at  pleasure.  The  oldest  Delegate  present  shall  call 
the  House  to  order,  at  the  opening  of  each  new  House  of  Delegates,  and  preside 
over  it  until  the  Speaker  thereof  shall  have  been  chosen,  and  have  taken  his  seat. 
The  oldest  member  of  the  Senate  present  at  the  commencement  of  each  regular 
session  thereof,  shall  call  the  Senate  to  order,  and  ])residc  over  the  same  until  a 
President  of  the  Senate  shall  have  been  chosen  and  have  taken  his  seat. 

25.  Each  House  may  punish  its  own  members  for  disorderly  behavior,  and 
with  the  concurrence  of  two-thirds  of  the  members  elected  thereto,  expel  a 
member,  but  not  twice  for  the  same  offence. 

26.  Each  House  shall  have  power  to  provide  for  its  own  safety,  and  the  un- 
disturbed transaction  of  its  business,  and  may  punish,  by  imprisonment,  any 
person  not  a  member,  for  disrespectful  behavior  in  its  presence;  for  obstructing 
any  of  its  proceedings,  or  any  of  its  officers  in  the  discharge  of  his  duties,  or  for 
any  assault,  threat  or  abuse  of  a  member,  for  words  spoken  in  debate.  But  such 
imprisonment  shall  not  extend  beyond  the  termination  of  the  session,  and  shall 
not  prevent  the  punishment  of  any  offence,  by  the  ordinary  course  of  law. 

27.  Laws  shall  be  enacted  and  enforced,  by  suitable  provisions  and  pen- 
alties, requiring  sheriffs,  and  all  other  officers,  wliether  State,  county,  district  or 
municipal,  who  shall  collect  or  receive,  or  whose  official  duty  it  is,  or  shall  be, 
to  collect,  receive,  hold  or  pay  out  any  money  belonging  to,  or  which  is,  or 
shall  be,  for  the  use  of  the  State  or  of  any  county,  district  or  municipal  cor- 
poration, to  make  annual  account  and  settlement  therefor.  Such  settlement, 
when  made,  shall  be  subject  to  exceptions,  and  take  such  direction,  and  have 
only  such  force  and  effect,  as  may  be  provided  by  law:  but  in  all  cases,  such 
settlement  shall  be  recorded,  and  be  open  to  the  examination  of  the  peoi)le  at 
such  convenient  place  or  places  as  may  be  appointed  by  law. 

28.  Bills  and  resolutions  may  originate  in  either  House,  but  may  be  passed, 
amended  or  rejected  by  the  other. 

29.  No  bill  shall  become  a  law  until  it  has  been  fully  and  distinctly  read, 
on  three  different  days,  in  each  House,  unless,  in  case  of  urgency,  by  a  vote  of 
four-fifths  of  the  members  present,  taken  by  yeas  and  nays  on  eadi  bill,  this 
rule  be  dispensed  with;  Provided,  in  all  cases,  that  an  engrossed  bill  shall  be  fully 
and  distinctly  read  in  each  House. 

30.  No  act  hereafter  passed  shall  embrace  more  than  one  object,  and  ihat 
shall  be  expressed  in  the  title.  But  if  any  object  shall  be  embraced  in  an  act 
which  is  not  so  expressed,  the  act  shall  be  void  only  as  to  so  much  thereof  as 
shall  not  be  so  expressed,  and  no  law  shall  be  revived,  or  amended,  by  reference  to 


Constitution  of  West  Virginia.  13 

its  title  only;  but  the  law  revived,  or  the  section  amended,  shall  be  inserted  at 
large,  in  the  new  act .  And  no  act  of  the  Legislature,  except  such  as  may  be  passed 
at  the  first  session  under  this  Constitution,  shall  take  effect  until  the  expiration  of 
ninety  days  after  its  passage,  unless  the  Legislature  shall  by  a  vote  of  two-thirds 
of  the  members  elected  to  each  House,  taken  by  yeas  and  nays,  otherwise  direct. 

31.  When  a  bill  or  joint  resolution  passed  bj'  one  House,  shall  be  amended 
by  the  other,  the  question  on  agreeing  to  the  bill,  or  joint  resolution,  as  amended, 
shall  be  again  voted  on,  by  yeas  and  nays,  in  the  House  by  which  it  was  origi- 
nally passed,  and  the  result  entered  upon  its  journals;  in  all  such  cases  the  aflBr- 
mative  vote  of  a  majority  of  all  the  members  elected  to  such  House  shall  be 
necessary. 

32.  Whenever  the  words,  "a  majority  of  the  members  elected  to  either 
House  of  the  Legislature,"  or  words  of  like  import,  are  used  in  this  Constitution, 
they  shall  be  construed  to  mean  a  majority  of  the  whole  number  of  members  to 
wliich  each  House  is,  at  the  time,  entitled,  under  the  apportionment  of  repre- 
sentation, established  by  the  provisions  of  this  Constitution. 

33.  The  members  of  the  Legislature  shall  each  receive  for  their  services  the 
sum  of  four  dollars  per  day  and  ten  cents  for  each  mile  traveled  in  going  to  and 
returning  from  the  seat  of  government  by  the  most  direct  route.  The  Speaker 
of  the  House  of  Delegates  and  the  President  of  the  Senate,  shall  each  receive 
an  additional  compensation  of  two  dollars  per  day  for  each  day  they  shall  act  as 
presiding  officers.  No  other  allowance  or  emolument  than  that  by  this  section 
provided  shall  directly  or  indirectly  be  made  or  paid  to  the  members  of  either 
House  for  postage,  stationer}-,  newspapers,  or  any  other  purpose  whatever. 

34.  The  Legislature  shall  provide  by  law  that  the  fuel,  stationery  and  printing 
paper,  furnished  for  the  use  of  the  State;  the  copying,  printing,  binding  and 
distributing  the  laws  and  journals;  and  all  other  printing  ordered  by  the  Legis- 
lature, shall  be  let  by  contract  to  the  lowest  responsible  bidder,  bidding  under  a 
maximum  price  to  be  fixed  by  the  Legislature;  and  no  member  or  officer  thereof, 
or  officer  of  the  State,  shall  be  interested,  directly  or  indirectly,  in  such  contract, 
but  all  such  contracts  shall  be  subject  to  the  approval  of  the  Governor,  and  in 
case  of  his  disapproval  of  any  such  contract,  there  shall  be  a  reletting  of  the  same 
in  such  manner  as  may  be  prescribed  by  law. 

35.  The  State  of  West  Virginia  shall  never  be  made  defendant  in  any  court 
of  law  or  equity. 

36.  The  Legislature  shall  have  no  power  to  authorize  lotteries  or  gift  enter- 
prises for  any  purpose,  and  shall  pass  laws  to  prohibit  the  sale  of  lottery  or  gift 
enterprise  tickets  in  this  State. 

37.  No  law  shall  be  passed  after  the  election  of  any  pubUc  officer,  which 
shall  operate  to  extend  the  term  of  his  office 

3S.  No  extra  compensation  shall  be  granted  or  allowed  to  anj-  public  officer, 
agent,  servant  or  contractor,  after  the  services  shall  have  been  rendered  or  the 
contract  made;  nor  shall  any  Legislature  authorize  the  payment  of  any  claim  or 
part  thereof,  hereafter  created  against  the  State,  under  anj'  agreement  or  con- 
tract made,  without  express  authority  of  law;  and  all  such  unauthorized  agree- 
ments shall  be  null  and  void.  Nor  shall  the  salary  of  any  public  officer  be  in- 
creased or  diminished  during  his  term  of  office,  nor  shall  any  such  officer,  or 
his  or  their  sureties  be  released  from  any  debt  or  hability  due  to  the  State; 
Provided,  The  Legislature  may  make  appropriations  for  expenditures  hereafter 
incurred  in  suppressing  insurrection,  or  repelling  invasion. 


14  Constitution  of  West  Virginia. 

39.  The  Legislature  shall  not  pass  local  or  sjiecial  laws  in  any  of  the  follow- 
ing enumerated  cases;  that  is  to  say  for: 

Granting  divorces; 

Lajing  out,  opening,  altering  and  working  roads  or  highways; 

Vacating  roads,  town  plats,  streets,  alleys  and  public  grounds; 

Locating  or  changing  county  seats; 

Regulating  or  changing  county  or  district  affairs; 

Providing  for  the  sale  of  church  property,  or  propertj'  held  for  charitable  uses; 

Regulating  the  practice  in  courts  of  justice; 

Incorporating  cities,  towns  or  villages,  or  amending  the  charter  of  any  city, 
town  or  village,  containing  a  population  of  less  than  two  thousand: 

Summoning  or  impaneling  grand  or  petit  juries; 

The  opening  or  conducting  of  any  election,  or  designating  the  place  of  voting; 

The  sale  and  mortgage  of  real  estate  belonging  to  minors,  or  others  under 
disability ; 

Chartering,  licensing,  or  establishing  ferries  or  toll  bridges; 

Remitting  fines,  penalties  or  forfeitures; 

Changing  the  laws  of  descent; 

Regulating  the  rate  of  interest; 

Authorizing  deeds  lo  be  made  for  land  sold  for  taxes; 

Releasing  taxes; 

Releasing  title  to  forfeited  lands. 

The  Legislature  shall  provide,  by  general  laws,  for  the  foregoing  and  all  other 
cases  for  which  provision  can  be  so  made;  and  in  no  case  shall  a  special  act  be 
passed  where  a  general  law  would  be  proper,  and  can  be  made  applicable  to  the 
case,  nor  in  any  other  case  in  which  the  courts  have  jurisdiction,  and  are  com- 
petent to  give  the  relief  asked  for. 

40.  The  Legislature  shall  not  confer  upon  any  court,  or  judge,  the  j^ower  of 
appointment  to  office,  further  than  the  same  is  herein  provided  for. 

41.  Each  House  shall  keep  a  journal  of  its  proceedings,  and  cause  the  same 
to  be  published  from  time  to  time,  and  all  bills  and  joint  resolutions  shall  be 
described  therein,  as  well  by  their  title  as  their  number,  and  the  ayes  and  nays 
on  any  question,  if  called  for  by  one-tenth  of  those  present,  shall  be  entered  on 
the  journal. 

42.  Bills  making  ajjpropriations  for  the  pay  of  members  and  officers  of  the 
Legislature,  and  for  salaries  for  the  officers  of  the  Government,  shall  contain  no 
provision  on  any  other  subject . 

43.  The  Legislature  shall  never  authorize  or  establish  any  board  or  court  of 
registration  of  voters. 

44.  In  all  elections  to  office  which  may  hereafter  take  place  in  the  Legis- 
lature, or  in  any  county,  or  municipal  body,  the  vole  shall  be  viva  voce,  and  be 
entered  on  its  journals 

45.  It  shall  be  the  duty  of  the  Legislature,  at  its  first  session  after  the  adoption 
of  this  Constitution,  to  provide,  by  law,  for  the  punishment  by  iniprisomnent 
in  the  penitentiary,  of  any  jx-rson  who  shall  bribe,  or  attempt  to  bribe,  any 
executive  or  judicial  officer  of  this  State,  or  anj-  member  of  the  Legislature  in 
order  to  influence  him,  in  the  performance  of  any  of  his  official  or  public  duties; 
and  also  to  provide  by  law  for  the  punishment  by  imiirisonment  in  the  peniten- 
tiary of  any  of  said  officers,  or  any  member  of  the  Legislature,  who  shall  demand, 


Constitution  of  West  Virginia.  15 

or  receive,  from  any  corporation,  company  or  person,  any  money,  testimonial, 
or  other  valuable  thing,  for  the  performance  of  his  official  or  public  duties,  or 
for  refusing  or  failing  to  perform  the  same,  or  for  any  vote  or  influence  a  member 
of  the  Legislature  may  give  or  withhold  as  such  member;  and  also  to  provide  by 
law  for  compelling  any  person,  so  bribing  or  attempting  to  bribe,  or  so  demanding 
or  receiving  a  bribe,  fee,  rew^ard,  or  testimonial,  to  testify  against  any  person  or 
persons,  who  may  have  committed  any  of  said  offences;  Provided,  That  any 
person  so  compelled  to  testify,  shall  be  exempted  from  trial  and  punishment  for 
the  offence  of  which  he  may  have  been  guilty,  and  concerning  which  he  is  com- 
pelled to  testify;  and  any  person  convicted  of  any  of  the  offences  specified  in  this 
section  shall,  as  a  part  of  the  punishment  thereof,  be  forever  disqualified  from 
holding  any  office  or  position  of  honor,  trust,  or  profit  in  this  State. 

46.  Laws  may  be  passed  regulating  or  prohibiting  the  sale  of  intoxicating 
liquors  within  the  limits  of  this  State. 

47.  No  charter  of  incorporation  shall  be  granted  to  any  church  or  religious 
denomination.  Provision  may  be  made  by  general  laws  for  securing  the  title 
to  church  property,  and  for  the  sale  and  transfer  thereof,  so  that  it  shall  be  held, 
used,  or  transferred  for  the  purposes  of  such  church  or  religious  denomination. 

48.  Any  husband  or  parent,  residing  in  this  State,  or  the  infant  children  of 
deceased  parents,  may  hold  a  homestead  of  the  value  of  one  thousand  dollars, 
and  personal  property  to  the  value  of  two  hundred  dollars,  exempt  from  forced 
sale  subject  to  such  regulations  as  shall  be  prescribed  by  law.  Provided,  That 
such  homestead  exemption  shall  in  no  wise  affect  debts  or  liabilities  existing  at 
the  time  of  the  adoption  of  this  Constutition;  and  provided  further.  That  no  prop- 
erty shall  be  exempt  from  sale  for  taxes  due  thereon,  or  for  the  payment  of 
purchase  money  due  upon  said  property,  or  for  debts  contracted  for  the  erection 
of  improvements  thereon. 

49.  The  Legislature  shall  pass  such  laws  as  may  be  necessary  to  protect  the 
property  of  married  women  from  the  debts,  liabilities  and  control  of  their  hus- 
bands. 

50.  The  Legislature  may  provide  for  submitting  to  a  vote  of  the  people  at 
the  general  election  to  be  held  in  1876,  or  at  any  general  election  thereafter,  a 
plan  or  scheme  of  proportional  representation  in  the  Senate  of  this  State;  and  if  a 
majority  of  the  votes  cast  at  such  election  be  in  favor  of  the  jilan  submitted  to 
them,  the  Legislature  shall,  at  its  session  succeeding  such  election,  rearrange  the 
Senatorial  Districts  in  accordance  with  the  plan  so  approved  by  the  people. 

ARTICLE  VII. 

EXECUTIVE    DEPARTMENT. 

1.  The  Executive  Department  shall  consist  of  a  Governor,  Secretary  of  State, 
State  Superintendent  of  Free  Schools,  Auditor,  Treasurer  and  Attorney-General, 
who  shall  be  cx-ojjicio.  Reporter  of  the  Court  of  Appeals.  Their  terms  of  office, 
respectively,  shall  be  four  years,  and  shall  commence  on  the  fourth  day  of  March, 
next  after  their  election.  They  shall,  except  the  Attorney-General,  reside  at  the 
seat  of  government  during  their  terms  of  office,  and  keep  there  the  public  records, 
books  and  papers  pertaining  to  their  respective  offices  and  shall  perform  such 
duties  as  may  be  prescribed  by  law. 


16  Constitution  of  West  Virginia. 


ELECTION. 


2.  [As  amended  in  1902,  Acts  1901,  p.  459.]  An  election  for  Governor,  Secre- 
tary of  State,  State  Sui^crintendent  of  Free  Schools,  Auditor,  Treasurer  and  Attor- 
ney-General shall  be  held  at  such  times  and  places  as  may  be  prescribed  by  law. 

3.  [.\s  amended  in  1902,  Acts  1901,  p.  459.]  The  returns  of  every  election 
for  the  above-named  officers  shall  be  sealed  up  and  transmitted  by  the  return- 
ing officers  to  the  Secretary  of  State,  directed  to  the  speaker  of  the  house  of 
delegates,  who  shall  immediately  after  the  organization  of  the  hou.'^e,  and  before 
proceeding  to  business,  oj^en  and  jjublish  the  same,  in  the  presence  of  a  majority 
of  each  house  of  the  legislature  which  shall  for  that  purpose  assemble  in  the  hall 
of  the  house  of  delegates.  The  person  having  the  highest  number  of  votes  for 
either  of  said  offices,  shall  be  declared  duly  elected  thereto;  but  if  two  or  more 
have  an  equal  and  the  highest  number  of  votes  for  the  same  office,  the  Legis- 
lature shall,  by  joint  vote,  choose  one  of  such  persons  for  said  office.  Contested 
elections  for  the  office  of  Governor  shall  be  determined  by  both  houses  of  the 
Legislature  by  joint  vote,  in  such  manner  as  maj-  be  prescribed  by  law. 

ELIGIBILITY. 

4.  [As  amended  in  1902,  Acts  1901,  p.  459.]  None  of  the  executive  officers 
mentioned  in  this  article  shall  hold  any  other  office  during  the  term  of  his  service. 
The  Governor  shall  not  be  eligible  to  said  office  for  the  four  years  next  succeeding 
the  term  for  which  he  was  elected. 

5.  The  chief  executive  power  shall  be  vested  in  the  Governor,  who  shall  take 
care  that  the  laws  be  faithfully  executed. 

6.  The  Governor  shall  at  the  commencement  of  each  session  give  to  the  Leg- 
islature information  by  message  of  the  condition  of  the  State,  and  shall  re- 
commend such  measures  as  he  shall  deem  expedient.  He  shall  accompany  his 
message  with  a  statement  of  all  mone\'  received  and  paid  out  by  him,  from  anj' 
funds,  subject  to  his  order  with  vouchers  therefor;  and  at  the  commencement 
of  each  regular  session  present  estimates  of  the  amount  of  money  required  by 
taxation  for  all  purposes. 

7.  The  Governor  may,  on  extraordinarj-  occasions,  convene,  at  his  own 
instance,  the  Legislature;  but  when  so  convened  it  shall  enter  upon  no  business 
except  that  stated  in  the  [)roclamation  by  which  it  was  called  together. 

8.  The  Ciovernor  shall  nominate,  and  by  and  with  the  advice  and  consent  of 
the  Senate  (a  majority  of  all  the  Senators  elected  concurring  by  yeas  and  nays), 
ai^point  all  officers  whose  offices  are  established  by  this  Constitution,  or  shall  be 
created  by  law,  and  whose  appointment  or  election  is  not  otherwise  provided 
for;  and  no  such  officers  shall  be  apj)ointed  or  elected  by  the  Legislature. 

9.  In  case  of  a  vacancy,  during  the  recess  of  the  Senate,  in  any  office  which 
is  not  elective,  the  Governor  shall,  by  ai)pointment,  fill  such  vacancy,  imtil  the 
next  meeting  of  the  S(>nate,  when  he  shall  make  a  nomination  for  such  office,  and 
the  person  so  nominated,  when  confirmed  l)y  th(>  Senate  (a  majority  of  all  the 
Senators  elecitcfl  concurring  by  \eas  and  nays),  shall  hold  his  office  during  the 
remainder  of  the  term,  and  until  his  successor  shall  be  appointed  and  qualified. 
No  person,  after  being  rejected  by  the  Senate,  shall  be  again  nominated  for  the 
same  office,  during  the  same  session,  unless  at  the  request  of  the  Senate;  nor 
shall  such  person  be  ai)pointed  to  the  same  office  during  the  recess  of  the  Senate. 

10.  The  Governor  shall  have  power  to  remove  any  officer  whom  he  may 


Constitution  of  West  Virginia.  17 

appoint  in  case  of  incompetency,  neglect  of  duty,  gross  immoralitj',  or  mal- 
feasance in  office;  and  he  may  declare  his  office  vacant  and  fill  the  same  as  herein 
provided  in  other  cases  of  vacancy. 

11.  The  Governor  shall  have  power  to  remit  fines  and  penalties  in  such 
cases  and  under  such  regulations  as  may  be  prescribed  by  law;  to  commute 
capital  punishment  and,  except  where  the  prosecution  has  been  carried  on  by 
the  House  of  Delegates,  to  grant  reprieves  and  pardons  after  conviction;  but 
he  shall  communicate  to  the  Legislature  at  each  session  the  particulars  of  every 
case  of  fine  or  penalty  remitted,  of  punishment  commuted  and  of  reprieve  or 
pardon  granted,  with  liis  reasons  therefor. 

12.  The  Governor  shall  be  commander-in-chief  of  the  military  forces  of  the 
State  (except  when  they  shall  be  called  into  the  service  of  the  United  States), 
and  maj'  call  out  the  same  to  execute  the  laws,  suppress  insurrection  and  repel 
invasion . 

13.  When  anj-  State  officer  has  executed  his  official  bond,  the  Governor  shall, 
for  such  causes  and  in  such  manner  as  the  Legislature  may  direct,  require  of  such 
officer  reasonable  additional  security;  and  if  the  security  is  not  given  as  required 
his  office  shall  be  declared  vacant,  in  such  manner  as  may  be  provided  by  law. 

14.  Every  bill  passed  by  the  Legislature  shall,  before  it  becomes  a  law,  be 
presented  to  the  Governor.  If  he  approve  he  shall  sign  it,  and  thereupon  it  shall 
become  a  law;  but  if  not,  he  shall  return  it,  vath.  his  objections,  to  the  House  in 
which  it  originated,  which  House  shall  enter  the  objections  at  large  upon  its 
journal,  and  proceed  to  reconsider  it.  If,  after  such  reconsideration,  a  majority 
of  the  members  elected  to  that  House,  agree  to  pass  the  bill,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  House,  by  which  it  shall,  likewise,  be 
reconsidered,  and  if  approved  by  a  majoritj'  of  the  members  elected  to  that  House 
it  shall  become  a  law,  notwithstanding  the  objections  of  the  Governor.  But  in 
all  such  cases  the  vote  of  each  House  shall  be  determined  by  yeas  and  nays  to 
be  entered  on  the  journal.  Any  bill  which  shall  not  be  returned  by  the  Governor 
within  five  days  (Sunday's  excepted)  after  it  shall  have  been  presented  to  liim, 
shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature  shall, 
by  their  adjournment  prevent  its  return,  in  which  case  it  shall  be  filed  with  its 
objections,  in  the  office  of  the  Secretary  of  State,  within  five  days  after  such 
adjournment,  or  become  a  law. 

15.  Every  bill  passed  by  the  Legislature  making  appropriations  of  money, 
embracing  distinct  items,  shall  before  it  becomes  a  law,  be  presented  to  the 
Governor;  if  he  disapprove  the  bill,  or  any  item  or  appropriation  therein  con- 
tained, he  shall  communicate  such  disapproval  with  his  reasons  therefor  to  the 
House  in  which  the  bill  originated;  but  all  items  not  disapproved  shall  have  the 
force  and  effect  of  law  according  to  the  original  provisions  of  the  bill.  Any  item 
or  items  so  disapproved  shall  be  void,  unless  repassed  by  a  majoritj'  of  each 
House  according  to  the  rules  and  limitations  prescribed  in  the  preceding  section 
in  reference  to  other  bills. 

16.  In  case  of  the  death,  conviction  on  impeachment,  failure  to  qualify, 
resignation,  or  other  disability  of  the  Governor,  the  President  of  the  Senate 
shall  act  as  Governor  until  the  vacancy  is  filled,  or  the  disability  removed;  and 
if  the  President  of  the  Senate,  for  any  of  the  above  named  causes,  shall  become 
incapable  of  performing  the  duties  of  Governor,  the  same  shall  devolve  upon  the 
Speaker  of  the  House  of  Delegates;  and  in  all  other  cases  where  there  is  no  one 


38  Constitution  or  West  Virginia. 

to  act  as  Governor,  one  shall  be  chosen  by  joint  vote  of  the  Legislature.  When- 
ever a  vacancy  shall  occur  in  the  office  of  Governor  before  the  first  three  years 
of  the  term  shall  have  expired,  a  new  election  for  Governor  shall  take  place  to  fill 
the  vacancy. 

•  17.  [As  amended  in  1902,  Acts  1901,  p.  459.]  If  the  office  of  secretary  of 
state,  auditor,  treasurer,  state  superintendent  of  free  schools,  or  attorney  general, 
shall  become  vacant  by  death,  resignation  or  otherwise,  it  shall  be  the  dutj-  of 
the  governor  to  fill  the  same  by  appointment,  and  the  appointee  shall  hold  his 
office  until  his  successor  shall  be  elected  and  qualified  in  such  manner  as  may  be 
prescribed  by  law.  The  subordinate  officers  of  the  executive  department  and  the 
officers  of  all  public  institutions  of  the  State  shall  keep  an  account  of  all  moneys 
received  or  disbursed  by  them,  resjiectively,  from  all  sources,  and  for  every  service 
performed,  and  make  a  semi-annual  report  thereof  to  the  Governor  under  oath 
or  affirmation;  and  any  officer  who  shall  wilfully  make  a  false  report  shall  be 
deemed  guilt j'  of  perjury. 

IS.  The  subordinate  officers  of  the  Executive  Department  and  the  officers 
of  all  the  public  institutions  of  the  State,  shall,  at  least  ten  days  preceding  each 
regular  session  of  the  Legislature,  severally  report  to  the  Governor,  who  shall 
transmit  such  report  to  the  Legislature;  and  the  Governor  may  at  any  time 
require  information  in  writing,  under  oath,  from  the  officers  of  his  department, 
and  all  officers  and  managers  of  State  institutions,  upon  any  subject  relating  to 
the  condition,  management  and  expenses  of  their  respective  offices. 

Sec.  19.     [As  amended  in  1902,  Acts  1901,  p.  459.]    The  officers  named  in  this 

article  shall  receive  for  their  services  a  salary  to  be  established  by  law*,  which 

shall  not  be  increased  or  diminished  during  their  official  terms,  and  they  shall 

not,  after  the  expiration  of  the  terms  of  those  in  office  at  the  adoption  of  this 

amendment,  receive  to  their  own  use  anj'  fees,  costs,  jierquisites  of  office  or  other 

compensation,  and  all  fees  that  may  hereafter  be  payable  by  law,  for  any  service 

performed  by  any  officer  provided  for  in  this  article  of  the  constitution,  shall  be 

paid  in  advance  into  the  State  treasury. 

*  Salaries  fixed  by  chap.  23  of  Acts  1903  as  follows:  Governor  $5,000,  Secretarj-  of  State  St.OOO, 
State  Superintendent  of  Free  Schools  $3,000,  Treasurer  $2,500.  Auditor  $4,500,  By  Acts  of  1909, 
Attorney  General,  $4,000. 

ARTICLE  VIII. 

(.\s  amended — see  .\cts  1870,  p.  175.) 
JUDICIAL    DEPAKTMENT. 

1 .  The  judicial  power  of  the  State  shall  be  vested  in  a  supreme  court  of  appeals, 
in  circuit  courts  and  the  judges  thereof,  in  such  inferior  tribunals  as  are  herein 
authorized  and  in  justices  of  the  peace. 

SUPREME  COUKT  OF  APPEALS. 

2.  The  supreme  Court  of  apj  eals  shall  consist  of  *four  judges,  any  three 
of  whom  shall  be  a  quorum  for  the  transaction  of  business.  They  shall  be  elected 
by  the  voters  of  the  State  and  hold  their  office  for  the  term  of  twelve  years,  unless 
sooner  removed  in  the  manner  prescribed  by  this  constitution,  except  that  the 
judges  in  office  when  this  article  takes  effect  shall  remain  therein  until  the  ex- 
piration of  their  present  term  of  office. 

3.  It  shall  have  original  jurisdiction  in  cases  of  fiulcas  corpus,  mandamus, 


Now  five  jiitlscm — .see  The  Judicial  .\iiicndiiient,  and  Acts  1903,  chap.  19. 


Constitution  of  West  Virginia.  19 

and  prohibition.  It  shall  have  appellate  jurisdiction  in  civil  cases  where  the 
matter  in  controversy,  exclusive  of  costs,  is  of  greater  value  or  amount  than  one 
hundred  dollars;  in  controversies  concerning  the  title  or  boundaries  of  land,  the 
probate  of  wills,  the  appointment  or  ciualification  of  a  personal  representative, 
guardian,  committee  or  curator;  or  concerning  a  mill,  road,  way,  ferry  or  landing: 
or  the  right  of  a  corporation  or  county  to  levj^  tolls  or  taxes;  and,  also,  in  cases  of 
quo  icarranlo,  habeas  corpus,  mandamus,  certiorari  and  prohibition,  and  in  cases 
involving  freedom  or  the  constitutionality  of  a  law.  It  shall  have  appellate 
jurisdiction  in  criminal  cases  where  there  has  been  a  conviction  for  felony  or  mis- 
demeanor in  a  circuit  court,  and  where  a  conviction  has  been  had  in  any  inferior 
court,  and  been  affirmed  in  a  circuit  court,  and  in  cases  relating  to  the  public 
revenue,  the  right  of  appeal  shall  belong  to  the  State  as  well  as  the  defendant, 
and  such  other  appellate  juri.sdiction,  in  both  civil  and  criminal  cases,  as  may  be 
prescribed  by  law. 

4.  No  decision  rendered  by  the  supreme  court  of  appeals  shall  be  considered 
as  binding  authority  upon  any  of  the  inferior  courts  of  this  State,  except  in  the 
particular  case  decided,  unless  such  decision  is  concurred  in  by  at  least  three 
judges  of  said  court. 

5.  When  a  judgement  or  decree  is  reversed  or  affirmed  by  the  supreme  court 
of  appeals,  fn-ery  point  fairly  arising  upon  the  record  of  the  case  shall  be  con- 
sidered and  decided;  and  the  reasons  therefor  shall  be  concisely  stated  in  writing 
and  preserved  with  the  record  of  the  case;  and  it  shall  be  the  dutj^  of  the  court  to 
prepare  a  syllabus  of  the  points  adjudicated  in  such  case  concurred  in  by  three 
of  the  judges  thereof,  which  shall  be  prefixed  to  the  published  report  of  the  case. 

6.  A  writ  of  error,  supersedeas,  or  appeal  shall  be  allowed  only  bj^  the  supreme 
court  of  appeals,  or  a  judge  thereof,  upon  a  petition  assigning  error  in  the  judge- 
ment or  proceedings  of  the  inferior  court  and  then  only  after  said  court  or  judge 
shall  have  examined  and  considered  the  record  and  as.?ignment  of  errors,  and  is 
satisfied  that  there  is  error  in  the  same,  or  that  it  presents  a  point  proper  for  the 
consideration  of  the  supreme  court  of  appeals. 

7.  If  from  any  cause  a  vacancy  shall  occur  in  the  supreme  court  of  appeals 
the  Governor  shall  issue  a  writ  of  election  to  fill  sv;ch  vacancy  at  the  next  general 
election  for  the  residue  of  the  term,  and  in  the  meantime  he  shall  fill  such  vacancy 
by  appointment  until  a  judge  is  elected  and  qualified.  But  if  the  unexpired  term 
be  less  than  two  years  the  Governor  shall  fill  such  vacancy  by  appointment  for 
the  unexpired  term. 

S.  The  officers  of  the  supreme  court  of  appeals,  except  the  reporter,  shall 
be  appointed  by  the  court,  or  in  vacation  by  the  judges  thereof,  with  the  power 
of  removal;  their  duties  and  compensation  shall  be  prescribed  bj'  law. 

9.  There  shall  be  at  least  two  terms  of  the  supreme  court  of  appeals  held 
annually  at  such  times  and  places  as  may  be  prescribed  by  law. 

CIRCUIT    COURTS. 

10.  The  State  shall  be  divided  into  *thirteen  circuits.  For  the  circuit  herein- 
after called  the  first,  two  judges  shall  be  elected,  and  for  each  of  the  other  circuits 
one  judge  shall  be  elected  by  the  voters  thereof.  Each  of  the  judges  so  elected 
shall  hold  his  office  for  the  term  of  eight  j-ears  unless  sooner  removed  in  the  manner 
prescribed  in  this  Constitution.    The  judges  of  the  circuit  courts  in  office  when 

*  By  Acts  1903,  chap.  20,  State  divided  into  eighteen  circuits.  By  Acts  1911  number  of  cir- 
cuits increased  to  twenty-three, 


20  CONSTITUTIOX   OF   WEST    ViEGINIA. 

this  article  takes  effect  shall  remain  therein  until  the  expiration  of  the  term  for 
which  they  have  been  elected  in  the  circuits  in  which  they  may  respectively 
reside,  unless  sooner  removed  as  aforesaid.  A  vacancj-  in  the  office  of  a  judge  of 
the  circuit  court  shall  be  filled  in  the  same  manner  as  is  provided  for  in  the  case 
of  a  vacancy  in  the  office  of  a  judge  of  the  supreme  court  of  appeals.  During  his 
continuance  in  office  the  judge  of  a  circuit  court  shall  reside  in  the  circuit  of  wliich 
he  is  judge.  The  business  of  the  first  circuit  may  be  apportioned  between  the 
judges  thereof,  and  such  judges  may  hold  courts  in  the  same  county  or  in  diff- 
erent counties  v/ithin  the  circuit  at  the  same  time  or  at  different  times  as  may  be 
prescribed  by  law. 

11.  A  circuit  court  shall  be  held  in  every  county  in  the  State  at  least  three 
times  in  each  year,  and  provisions  maj-  be  made  by  law  for  holding  special  terms 
of  said  court.    A  judge  of  any  circuit  may  hold  the  courts  in  another  circuit. 

12.  The  circuit  court  shall  have  the  supervision  and  control  of  all  proceedings 
before  justices  and  other  inferior  tribunals,  by  mandamus,  prohibition  and 
certiorari.  They  shall,  except  in  cases  confined  exclusive!}^  bj'  this  constitution 
to  some  other  tribunal,  have  original  and  general  jurisdiction  of  all  matters  at 
law  where  the  amount  in  controversy,  exclusive  of  interest,  exceeds  fifty  dollars; 
of  all  cases  of  habeas  corpus,  mandamus,  quo  icarranto  and  prohibition;  and  of 
all  cases  in  equity,  and  of  all  crimes  and  misdemeanors.  Thej'  shall  have  appellate 
jurisdiction  in  all  cases,  civil  and  criminal,  where  an  appeal,  writ  of  error  or 
supersedeas  may  be  allowed  to  the  judgement  or  proceedings  of  any  inferior 
tribunal.  They  shall  also  have  such  other  jurisdiction,  whether  supervisor}-, 
original,  appellate  or  concurrent,  as  is  or  may  be  prescribed  by  law. 

13.  Until  otherwise  provided  by  law,  the  State  shall  be  divided  into  the 
tollowingt  circuits:  The  counties  of  Brooke,  Hancock,  Ohio  and  Marshall  shall 
constitute  the  first  circuit;  the  counties  of  Monongaha,  Marion  and  Harrison, 
tne  second;  the  counties  of  Preston,  Taylor,  Barbour,  Tucker  and  Randolph, 
the  third;  the  counties  of  Wetzel,  Tyler,  Ritchie  and  Doddridge,  the  fourth; 
the  counties  of  Wood,  Wirt  and  Pleasants,  the  fifth;  the  counties  of  Claj',  Gilmer, 
Jackson,  Roane  and  Calhoun,  the  sixth;  the  counties  of  Putnam,  Kanawha  and 
Mason,  the  seventh;  the  counties  of  Cabell,  Wayne,  Lincoln  and  Logan,  the 
eighth;  the  Counties  of  McDowell,  Mercer,  Raleigh,  Wj'oming  and  Boone,  the 
ninth,  the  counties  of  Greenbrier,  Monroe,  Summers,  Fayette  and  Pocahontas, 
the  tenth;  the  counties  of  Upshur,  Lewis,  Braxton,  Nicholas  and  Webster,  the 
eleventh;  the  counties  of  Grant,  Hardy,  Hampshire,  Mineral  and  Pendleton,  the 
twelfth;  the  counties  of  Jefferson,  Berkeley  and  Morgan,  the  thirteenth. 

t  Circuits  changed  and  increased  to  twenty-three. — Acts  1903  and  1911. 

14.  The  Legislature  may  re-arrange  the  circuits  herein  provided  for  at  any 
session  thereof,  next  preceding  any  general  election  of  the  judges  of  said  circuits, 
and  after  the  year  one  thousand  eight  hundred  and  eighty-eight,  may,  at  any 
such  session,  increase  or  diminish  the  number  thereof. 

15.  The  Legislature  shall  ]:)rovide  by  law  for  holding  regular  and  sj)ecial 
terms  of  the  circuit  courts,  where  from  any  cause  the  judge  shall  fail  to  attend, 
or,  if  in  attendance,  cannot  properly  jireside. 

GENEK.\L   PHOVISIONS. 

16.  All  judges  shall  be  commissioned  by  the  Governor.     The  *salary  of  a 

*  Salaries  increased — see  the  Judicial  -Amendment,  and  chap.  !?3  of  Acts  1903,  and  chap.  35, 
Acts  1909.     Salary  Supreme  Judge  $5,500,  and  of  Circuit  Judge  $3,3(K).    See  chap.  .'i3,  .\ct3  1911. 


Constitution  of  West  Virginia.  21 

judge  of  the  supreme  court  of  appeals  shall  be  two  thousand  two  hundred  dollars 
per  annum,  and  that  of  a  judge  of  the  circuit  court  shall  be  one  thousand  eight 
hundred  dollars  per  annum;  and  each  shall  receive  the  same  mileage  as  members 
of  the  Legislature;  Provided,  that  Ohio  county  may  pay  an  additional  sum  per 
annum  to  the  judges  of  the  circuit  court  thereof;  but  such  allowance  shall  not  be 
increased  or  diminished  during  the  term  of  office  of  the  judges,  to  whom  it  may 
have  been  made.  No  judge,  during  his  term  of  office,  shall  practice  the  profes- 
sion of  law  or  hold  any  other  office,  appointment  or  public  trust,  under  this  or 
any  other  government,  and  the  acceptance  thereof  shall  vacate  his  judicial 
office.  Nor  shall  he  during  his  continuance  therein,  be  eligible  to  any  political 
office. 

17.  Judges  maj'  be  removed  from  office  by  a  concurrent  vote  of  both  houses 
of  the  Legislature,  when  from  age,  disease,  mental  or  bodily  infirmity  or  intem- 
perance, they  are  incapable  of  discharging  the  duties  of  their  office.  But  two- 
thirds  of  all  the  members  elected  to  each  House  must  concur  in  such  vote,  and 
the  cause  of  removal  shall  be  entered  upon  the  journal  of  each  house.  The 
judge  against  whom  the  Legislature  may  be  about  to  proceed  shall  receive  notice 
thereof,  accompanied  with  the  cause  alleged  for  his  removal,  at  least  twenty 
days  before  the  daj'  on  which  action  is  proposed  to  be  taken  therein. 

18.  The  voters  of  each  county  shall  elect  a  clerk  of  the  circuit  court,  whose 
term  of  office  shall  be  six  years;  his  duties  and  compensation  and  the  manner  of 
removing  him  from  office  shall  be  prescribed  by  law,  and  when  a  vacancy  shall 
occur  in  the  office,  the  circuit  court  or  the  judge  thereof,  in  vacation,  shall  fill  the 
same  by  appointment  until  the  next  general  election.  In  any  case  in  respect 
to  Vv'hich  the  clerk  shall  be  so  situated  as  to  make  it  improper  for  him  to  act,  the 
said  court  shall  appoint  a  clerk  to  act  therein.  The  clerks  of  said  courts  in  office 
when  this  article  takes  effect,  shall  remain  therein  for  the  term  for  which  they 
were  elected,  imless  sooner  removed  in  the  manner  prescribed  by  law. 

19.  The  Legislature  may  establish  courts  of  limited  jurisdiction  within  any 
county,  incorporated  city,  town  or  village,  with  the  right  of  appeal  to  the  circuit 
court,  subject  to  such  limitations  as  may  be  prescribed  by  law;  and  all  courts 
of  limited  jurisdiction  heretofore  estabfished  in  any  county;  incorporated  city, 
town  or  village,  shall  remain  as  at  present  constituted  until  otherwise  provided 
by  law.  The  municipal  court  of  Wheeling  shall  continue  in  existence  until 
otherwise  provided  by  law,  and  said  court  and  the  judge  thereof,  shall  exercise 
the  powers  and  jurisdiction  heretofore  conferred  upon  them;  and  appeals  in 
civil  cases  from  said  court  shall  lie  directly  in  the  supreme  court  of  appeals. 

20.  No  citizen  of  this  State  who  aided  or  participated  in  the  late  war  between 
the  government  of  the  United  States  and  a  part  of  the  people  thereof,  on  either 
side,  shall  be  liable  in  any  proceeding,  civil  or  criminal;  nor  shall  his  property 
be  seized  or  sold  under  final  process  issued  upon  judgements  or  decrees  hereto- 
fore rendered,  or  otherwise,  because  of  any  act  done  in  accordance  with  the 
usages  of  civilized  warfare  in  the  prosecution  of  said  war.  The  Legislature  shall 
provide,  by  general  laws,  for  giving  full  force  and  effect  to  this  section. 

21.  Such  parts  of  the  common  law,  and  of  the  laws  of  this  State  as  are  in 
force  when  this  article  goes  into  operation,  and  are  not  repugnant  thereto,  shall 
be  and  continue  the  law  of  the  State  until  altered  or  repealed  by  the  Legislature. 
All  civil  and  criminal  suits  and  proceedings  pending  in  the  former  circuit  courts 
of  the  State,  shall  remain  and  be  proceeded  in  before  the  circuit  courts  of  the 
counties  in  which  they  were  pending. 


22  CONSTITUTIOX   OP    WeST    A^IEGIXIA. 

COUNTY   COURTS. 

22.  There  shall  be  in  each  count)-  of  the  State  a  county  court,  composed 
of  three  commissioners,  and  two  of  said  commissioners  shall  be  a  quorum  for 
the  transaction  of  business.  It  shall  hold  four  regular  sessions  in  each  3'ear.  and 
at  such  times  as  may  be  fixed  upon  and  entered  of  record  by  the  said  court.  Pro- 
vision maj-  be  made  b}'  law  for  holding  special  sessions  of  said  court. 

23.  The  commissioners  shall  be  elected  by  the  voters  of  the  county,  and  hold 
their  office  for  the  term  of  six  years,  except  that  at  the  first  meeting  of  said 
commissioners  they  shall  designate  by  lot,  or  otherwise,  in  such  manner  as  they 
may  determine,  one  of  their  number,  who  shall  hold  his  office  for  the  term  of 
two  years,  one  for  four  j^ears  and  one  for  six  years,  so  that  one  shall  be  elected 
every  two  j^ears.  But  no  two  of  said  commissioners  shall  be  elected  from  the 
same  magisterial  district.  And  if  two  or  more  persons  residing  in  the  same 
district  shall  receive  the  greater  number  of  votes  cast  at  anj-  election,  then 
only  the  one  of  such  persons  receiving  the  liighest  number  shall  be  declared  elected, 
and  the  person  living  in  another  district  who  shall  receive  the  next  highest  number 
of  votes  shall  be  declared  elected.  Said  commissioners  shall  annuallj'  elect  one 
of  their  number  as  president,  and  each  shall  receive  two  dollars  per  day  for  his 
services  in  court,  to  be  paid  out  of  the  county  treasury. 

24.  The  county  courts,  through  their  clerks,  shall  have  the  custody  of  all 
deeds  and  other  papers  presented  for  record  in  their  counties,  and  the  same 
shall  be  preserved  therein,  or  otherwise  disposed  of,  as  now  is  or  may  be  pre- 
scribed by  law.  They  shall  have  jurisdiction  in  all  matters  of  probate,  the 
appointment  and  qualification  of  personal  representatives,  guardians,  com- 
mittees, curators,  and  the  settlement  of  their  accounts,  and  in  all  matters  relating 
to  apprentices.  They  shall  also,  under  such  regulations  as  may  be  prescribed 
by  law,  have  the  superintendence  and  administration  of  the  internal  police 
and  fiscal  affairs  of  their  counties,  including  the  establishment  and  regulation 
of  roads,  ways,  bridges,  public  landings,  ferries  and  mills,  with  authority  to  lay 
and  disburse  the  county  levies;  Provided,  That  no  license  for  tlie  sale  of  intoxi- 
cating liquors  in  any  incorporated  city,  town  or  village,  shall  be  granted  without 
the  consent  of  the  municijnil  authorities  thereof,  first  had  and  obtained.  They 
shall,  in  all  cases  of  contest,  judge  of  the  election,  qualification  and  returns  of 
their  own  members,  and  of  all  county  and  district  officers,  subject  to  such  regu- 
lations, by  appeal  or  otherwise,  as  may  be  prescribed  bj'  law.  Such  courts  may 
excercise  such  other  powers,  and  perform  such  other  duties,  not  of  a  judicial 
nature,  as  may  be  prescribed  by  law.  And  provision  may  be  made,  under  such 
regulations  as  may  be  prescribed  by  law,  for  the  probate  of  wills  and  for  the 
appointment  and  qualification  of  personal  representatives,  guardians,  com- 
mittees and  curators  during  the  recess  of  the  regular  sessions  of  the  county 
court.  Such  tribunals  as  have  been  heretofore  established  bj-  the  Legislature 
under  and  by  virtue  of  the  thirty-fourth  section  of  the  eighth  article  of  the 
Constitution  of  one  thousand  eight  hundred  and  seventy-two  for  police  and 
fiscal  purposes,  shall,  until  otherwise  provided  by  law,  remain  and  continue  as 
at  present  constituted  in  the  counties  in  which  they  have  been  respectively 
established,  and  shall  be  and  act  as  to  police  and  fiscal  matters  in  lieu  of  the 
county  court  created  by  this  article  until  otherwise  provided  by  law.  And, 
until  otherwise  provided  b}'  law,  such  clerk  as  is  mentioned  in  the  twenty -sixth 
section  of  this  article,  shall  exercise  any  jiowcrs  and  discharge  any  duties  hereto- 


Constitution  of  West  Virginia.  23 

fore  conferred  on,  or  required  of,  any  court  or  tribunal  established  for  judicial 
purposes  under  the  said  article  and  section  of  the  constitution  of  one  thousand 
eight  hundred  and  seventy-two,  or  the  clerk  of  such  court  or  tribunal  respectively, 
respecting  the  recording  and  preservation  of  deeds  and  other  papers  presented 
for  record,  matters  of  probate,  the  appointment  and  qualification  of  personal 
representatives,  guardians,  committees,  curators  and  the  settlement  of  their 
accounts,  and  in  all  matters  relating  to  apprentices. 

25.  All  actions,  suits  and  proceedingKS  not  embraced  in  the  next  preceding 
section,  pending  in  a  county  court  when  this  article  takes  effect,  together  with 
the  records  and  papers  pertaining  thereto,  as  well  as  all  records  and  papers 
pertaining  to  such  actions,  suits  and  proceedings,  as  have  already  been  disposed 
of  by  said  courts,  shall  be  transmitted  to  and  filed  with  the  clerk  of  the  circuit 
court  of  the  county,  to  which  office  all  process  outstanding  at  the  time  this 
article  goes  into  operation  shall  be  returned;  and  said  clerk  shall  have  the  same 
power  and  shall  perform  the  same  duties  in  relation  to  such  records,  papers 
and  proceedings  as  were  vested  in  and  required  of  the  county  court  on  the  day 
before  this  article  shall  take  effect.  All  such  actions,  suits  and  proceedings  so 
pending  as  aforesaid,  shall  be  docketed,  proceeded  in,  tried,  heard  and  determined 
in  all  respects  by  the  circuit  court,  as  if  such  suits  and  proceedings  had  originated 
in  said  court. 

26.  The  voters  of  each  county  shall  elect  a  clerk  of  the  county  court,  whose 
term  of  office  shall  be  six  years.  His  duties  and  compensations  and  the  manner 
of  his  removal  shall  be  prescribed  by  law.  But  the  clerks  of  said  courts,  now  in 
office,  shall  remain  therein  for  the  term  for  which  they  have  been  elected,  unless 
sooner  removed  therefrom,  in  the  manner  prescribed  by  law. 

27.  Each  county  shall  be  laid  oiT  into  districts,  not  less  than  three  nor  more 
than  ten  in  number,  and  as  nearly  equal  as  may  be  in  territory  and  population. 
There  shall  be  elected  in  each  district  containing  a  population  not  exceeding 
twelve  hundred,  one  justice  of  the  peace,  and  if  the  population  exceeds  that  num- 
ber, two  such  justices  shall  be  elected  therein.  Every  justice  shall  reside  in  the 
district  for  which  he  was  elected  and  hold  his  office  for  the  term  of  four  years, 
unless  sooner  removed  in  the  manner  prescribed  by  law.  The  districts  as  they 
now  exist  shall  remain  till  changed  by  the  county  court. 

28.  The  civil  jurisdiction  of  a  justice  of  the  peace  shall  extend  to  actions 
of  assumpsit,  debt,  detinue  and  trover,  if  the  amount  claimed,  exclusive  of 
interest,  does  not  exceed  three  hundred  dollars.  The  jurisdiction  of  justices 
of  the  peace  shall  extend  throughout  their  county;  they  shall  be  conservators 
of  the  peace  and  have  such  jurisdiction  and  powers  in  criminal  cases  as  may  be 
prescribed  by  law.  And  justices  of  the  peace  shall  have  authority  to  take  the 
acknowledgement  of  deeds  and  other  writings;  administer  oaths;  and  take  and 
certify  depositions.  And  the  Legislature  may  give  to  justices  such  additional 
civil  jurisdiction  and  powers  within  their  respective  counties  as  may  be  deemed 
expedient,  under  such  regulations  and  restrictions  as  may  be  prescribed  by 
general  law,  except  that  in  suits  to  recover  money  or  damages,  their  jurisdiction 
and  powers  shall  in  no  case  exceed  three  hundred  dollars.  Appeals  shall  be  al- 
lowed from  judgements  of  justices  of  the  peace  in  such  manner  as  may  be  pre- 
scribed by  law. 

29.  The  Legislature  shall,  upon  the  application  of  any  county,  reform,  alter 
or  modify  the  county  court  established  by  this  article  in  such  county,  and  in 


24  Constitution  of  West  Virginia. 

lieu  thereof,  with  the  assent  of  a  majority  of  the  voters  of  such  county  voting 
at  an  election,  create  another  tribunal  for  the  transaction  of  the  business  required 
to  be  performed  b}^  the  county  court  created  by  this  article;  and  in  such  case  all 
the  provisions  of  this  article  in  relation  to  the  county  court  shall  be  applicable 
to  the  tribunal  established  in  lieu  of  said  court.  And  when  such  tribunal  has  been 
established  it  shall  continue  to  act  in  lieu  of  the  county  court  until  otherwise 
provided  by  law. 

30.  The  office  of  commissioner  and  justice  of  the  peace  shall  be  deemed 
incompatible.  Vacancies  in  the  office  of  commissioner,  clerk  of  the  county 
court  and  justices  of  the  peace  shall  be  filled  b}'  the  county  court  of  the  county 
until  the  next  general  election. 

ARTICLE  IX. 

COUNTY   ORGANIZATION. 

1.  The  voters  of  each  county  shall  elect  a  Surveyor  of  Lands,  a  Prosecu- 
ting Attorney,  a  Sheriff,  and  one  and  not  more  than  two  Assessors,  who  shall 
hold  their  respective  offices  for  the  term  of  four  j-ears. 

2.  There  shall  also  be  elected  in  each  district  of  the  county,  by  the  voters 
thereof,  one  constable,  and  if  the  population  of  any  district  shall  exceed  twelve 
hundred,  an  additional  constable,  whose  term  of  office  shall  be  four  years,  and 
whose  pov.-crs  as  such  shall  extend  throughout  their  county.  The  assessor  shall, 
with  the  advice  and  consent  of  the  county  court,  have  the  power  to  appoint 
one  or  more  assistants.  Coroners,  overseers  of  the  poor  and  surveyors  of  roads 
shall  be  appointed  bj^  the  county  court.  The  foregoing  officers,  excejit  the  pro- 
secuting attorneys,  shall  reside  in  the  county  and  district  for  which  they  shall 
be  respective!}-  elected. 

3.  The  same  person  shall  not  be  elected  sheriff  for  two  consecutive  full  terms; 
nor  shall  any  person  who  acted  as  his  deputy  be  elected  successor  to  such  sheriff, 
nor  shall  any  sheriff  act  as  deputy  of  his  successor;  nor  shall  he,  during  his  term 
of  service,  or  within  one  year  thereafter,  be  eligible  to  any  other  office.  The 
retiring  sheriff  shall  finish  all  business  remaining  in  his  hands,  at  the  expiration 
of  his  term;  for  which  i)urposc  his  commission  and  official  bond  shall  remain  in 
force.  The  duties  of  the  office  of  sheriff  shall  be  performed  by  him  in  jjcrson, 
or  under  his  superintendence. 

4.  The  presidents  of  the  county  courts,  the  justices  of  the  peace,  sheriffs, 
prosecuting  attorneys,  clerks  of  the  circuit  and  of  the  county  courts,  and  all 
other  county  officers  shall  be  subject  to  indictment  for  malfeasance,  misfeas- 
ance, or  neglect  of  official  duty,  and  upon  conviction  thereof  their  offices  shall 
become  vacant. 

5.  The  Legislature  shall  jjrovide  for  commissioning  such  of  the  officers  herein 
mentioned,  as  it  may  deem  jjroper,  not  i)rovidcd  for  in  this  Constitution,  and 
may  require  any  class  of  them  to  give  bond  with  security  for  the  faithful  dis- 
charge of  the  duties  of  their  respective  offices. 

6.  It  shall  further  provide  for  the  compensation,  the  duties  and  responsi- 
bilities of  such  officers,  and  may  provide  for  the  appointment  of  their  deputies 
and  assistants  by  general  laws. 

7.  The  president  of  the  coimty  court  and  every  justice  and  constable  shall 
be  a  conservator  of  the  peace  throughout  his  county. 


Constitution  of  West  Virginia.  25 

8.  No  new  county  shall  hereafter  be  formed  in  this  State  with  an  area  of 
less  than  four  hundred  square  miles ;  nor  with  a  population  of  less  than  six  thous- 
and; nor  shall  anj'^  county,  from  which  a  new  county,  or  part  thereof,  shall  be 
taken,  be  reduced  in  area  below  four  hundred  square  miles,  nor  in  population 
below  six  thousand.  Nor  shall  a  new  county  be  formed  without  the  consent 
of  a  majority  of  the  voters  residing  within  the  boundaries  of  the  proposed  new 
county,  and  voting  on  the  question. 

ARTICLE  X. 

TAXATION   AND   FINANCE. 

1.  Taxation  shall  be  equal  and  uniform  throughout  the  State,  and  all  pro- 
perty, both  real  and  personal,  shall  be  taxed  in  proportion  to  its  value,  to  be 
ascertained  as  directed  by  law.  No  one  species  of  property,  from  which  a  tax 
may  be  collected,  shall  be  taxed  higher  than  any  other  species  of  property  of 
equal  value;  but  property-  used  for  educational,  literary,  scientific,  religious  or 
charitable  purposes;  all  cemeteries  and  public  propertj^  niay,  by  law,  be  exempted 
from  taxation.  The  Legislature  shall  have  power  to  tax,  by  uniform  and  equal 
laws,  all  pri%dleges  and  franchises  of  persons  and  corporations. 

2.  The  Legislature  shall  levy  an /annual  capitation  tax  of  one  dollar  upon 
each  male  inhabitant  of  the  State  who  has  attained  the  age  of  twenty-one  j'ears, 
which  shall  be  annually  appropriated  to  the  support  of  free  schools.  Persons 
afflicted  with  bodily  infirmity  may  be  exempted  from  tliis  tax. 

3.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance  of  an  ap- 
propriation made  by  law,  and  on  a  warrant  issued  thereon  by  the  Auditor;  nor 
shall  any  money  or  fund  be  taken  for  any  other  purpose  than  that  for  which  it 
has  been  or  may  be  appropriated,  or  provided.  A  complete  and  detailed  state- 
ment of  the  receipts  and  espenditures  of  the  public  moneys,  shall  be  published 
annually. 

4.  No  debt  shall  be  contracted  by  this  State,  except  to  meet  casual  defi- 
cits in  the  revenue,  to  redeem  a  previous  liability  of  the  State,  to  suppress  in- 
surrection, repel  invasion  or  defend  the  State  in  time  of  war;  but  the  paj-ment 
of  any  liabihty  other  then  that  for  the  ordinary  expenses  of  the  State,  shall  be 
equally  distributed  over  a  period  of  at  least  twenty  j^ears. 

5.  The  power  of  taxation  of  the  Legislature  shall  extend  to  provisions  for 
the  payment  of  the  State  debt,  and  interest  thereon,  the  support  of  free  schools, 
and  the  payment  of  the  annual  estimated  expenses  of  the  State;  but  whenever 
any  deficiency  in  the  revenue  shall  exist  in  any  year,  it  shall,  at  the  regular 
session  thereof  held  next  after  the  deficiency  occurs  levy  a  tax  for  the  ensuing 
year,  sufficient  with  the  other  sources  of  income,  to  meet  such  deficiency,  as 
well  as  the  estimated  expenses  of  such  year. 

6.  The  credit  of  the  State  shall  not  be  granted  to,  or  in  aid  of  an}-  county, 
city,  township,  corporation  or  person ;  nor  shall  the  State  ever  assume,  or  become 
responsible  for  the  debts  or  liabilities  of  any  county,  city,  township,  corpora- 
tion or  person;  nor  shall  the  State  ever  hereafter  become  a  joint  owner,  or 
stockholder  in  any  company  or  association  in  this  State  or  elsewhere,  formed 
for  any  purpose  whatever. 

7.  County  authorities  shall  never  assess  taxes,  in  any  one  year,  the  aggre- 
gate of  which  shall  exceed  ninety-five  cents  per  one  hundred  dollars  valuation, 
except  for  the  support  of  free  schools;  payment  of  indebtedness  existing  at  the 


26  Constitution  of  West  Virginia. 

time  of  the  adoption  of  this  Constitution,  and  for  the  payment  of  any  indebted- 
ness with  the  interest  thereon,  created  under  the  succeeding  section,  unless 
such  assessment,  with  all  questions  involving  the  increase  of  such  aggregate, 
shall  have  been  submitted  to  the  vote  of  the  people  of  the  county,  and  have 
received  three-fifths  of  all  the  votes  cast  for  and  against  it. 

8.  No  county,  city,  school  district,  or  municipal  corporation,  except  in 
cases  where  such  corporations  have  already  authorized  their  bonds  to  be  issued, 
shall  hereafter  be  allowed  to  become  indebted,  in  any  manner,  or  for  any  pur- 
pose, to  an  amount,  including  existing  indebtedness,  in  the  aggregate,  exceed- 
ing five  per  centum  on  the  value  of  the  taxable  property  therein  to  be  ascertained 
by  the  last  assessment  for  State  and  county  taxes,  previous  to  the  incurring  of 
such  indebtedness;  nor  without,  at  the  same  time,  providing  for  the  collection 
of  a  direct  annual  tax,  sufficient  to  pay,  annually,  the  interest  on  such  debt, 
and  the  principal  thereof,  within,  and  not  exceeding  thirty-four  years;  Profided, 
That  no  debt  shall  be  contracted  under  this  section,  unless  all  questions  con- 
nected with  the  same  shall  have  been  first  submitted  to  a  vote  of  the  people, 
and  have  received  three-fifths  of  all  the  votes  cast  for  and  against  the  same. 

9.  The  Legislature  may,  by  law,  authorize  the  corporate  authorities  of 
cities,  towns  and  villages,  for  corporate  purposes,  to  assess  and  collect  taxes; 
but  such  taxes  shall  be  uniform,  with  respect  to  persons  and  property  within 
the  jurisdiction  of  the  authority  imposing  the  same. 

ARTICLE  XI. 

corporations. 

1.  The  Legislature  shall  provide  for  the  organization  of  all  corporations 
hereafter  to  be  created,  bj'  general  laws,  uniform  as  to  the  class  to  which  they 
relate,  but  no  corporation  shall  be  created  by  special  law;  Provided,  That  nothing 
in  this  section  coiatained,  shall  prevent  the  Legislature  from  pro\'iding  by  special 
laws  for  the  connection,  by  canal,  of  the  waters  of  the  Chesapeake  with  the 
Ohio  river  by  line  of  the  James  river,  Greenbrier,  New  river  and  Great  Kanawha. 

2.  The  stockholders  of  all  corporations  and  joint  stock  com])anies,  except 
banks  and  banking  institutions,  created  by  laws  of  this  State,  shall  be  liable 
for  the  indebtedness  of  such  corporations  to  the  amount  of  their  stock  sub.scribed 
and  unpaid,  and  no  more. 

H.  All  existing  charters  or  grants  of  special  or  exclusive  privileges  under 
which  organization  shall  not  have  taken  place,  or  which  shall  not  have  been  in 
operation  within  two  years  from  the  time  this  Constitution  takes  effect,  shall 
thereafter  have  no  validity  or  effect  whatever;  Provided,  That  nothing  herein 
shall  prevent  the  execution  of  any  bona  fide  contract  heretofore  lawfully  made 
in  relation  to  any  existing  charter  or  grant  in  this  State. 

4.  The  Legislature  shall  provide  by  law  that  in  all  elections  for  directors 
or  managers  of  incorporated  companies,  every  stockholder  shall  have  the  right 
to  vote,  in  i)erson  or  by  proxy,  for  the  number  of  shares  of  stock  owned  by  him, 
for  as  many  persons  as  there  are  directors  or  managers  to  be  elected,  or  to  cumu- 
late said  shares,  and  give  one  candidate  as  manj'  votes  as  the  number  of  directors 
multiphcd  bj'  the  number  of  his  shares  of  stock,  shall  equal,  or  to  distribute  them 
on  the  same  principle  among  as  many  candidates  as  he  shall  think  fit;  and  such 
directors  or  managers  .shall  nol  be  elected  in  any  other  manner. 


Constitution  of  West  Virginia.  27 

5.  No  law  shall  be  passed  by  the  Legislature,  granting  the  right  to  construct 
and  operate  a  street  railroad  within  any  city,  town  or  incorporated  village, 
without  requiring  the  consent  of  the  local  authorities  having  the  control  of  the 
street  or  highway,  proposed  to  be  occupied  by  such  street  railroad. 


6.  The  Legislature  may  provide,  by  a  general  banking  law,  for  the  creation 
and  organization  of  banks  of  issue  or  circulation,  but  the  stockholders  of  any 
bank  hereafter  authorized  bj'  the  laws  of  this  State,  whether  of  issue,  deposit 
or  discount,  shall  be  personally  liable  to  the  creditors  thereof,  over  and  above 
the  amount  of  stock  held  by  them  respectively  to  an  amount  equal  to  their 
respective  shares  so  held,  for  all  its  liabilities  accruing  while  they  are  such  stock- 
holders. 

RAILROADS. 

7.  Every  railroad  corporation  organized  or  doing  business  in  this  State 
shall  annually,  by  their  proper  officers,  make  a  report  under  oath,  to  the  auditor 
of  public  accounts  of  this  State,  or  some  officer  to  be  designated  by  law,  setting 
forth  the  condition  of  their  affairs,  the  operations  of  the  year,  and  such  other 
matters  relating  to  their  respective  railroads  as  may  be  prescribed  by  law.  The 
Legislature  shall  pass  laws  enforcing  by  suitable  penalties  the  provisions  of  this 
section. 

8.  The  rolling  stock  and  all  other  movable  property  belonging  to  any  rail- 
road company  or  corporation  in  this  State  shall  be  considered  personal  pro- 
perty and  shall  be  liable  to  execution  and  sale  in  the  same  manner  as  the  personal 
property^  of  individuals;  and  the  Legislature  shall  pass  no  law  exempting  any 
such  property  from  execution  and  sale. 

9.  Railroads  heretofore  constructed,  or  that  may  hereafter  be  constructed 
in  this  State,  are  hereby  declared  public  highways  and  shall  be  free  to  all  persons 
for  the  transportation  of  their  persons  and  property  thereon,  under  such  regula- 
tions as  shall  be  prescribed  by  law;  and  the  Legislature  shall,  from  time  to  time, 
pass  laws,  applicable  to  all  railroad  corporations  in  the  State,  establishing  reason- 
able maximum  rates  of  charges  for  the  transportation  of  passengers  and  freights, 
and  providing  for  the  correction  of  abuses,  the  prevention  of  unjust  discrimina- 
tions between  through  and  local  or  way  freight  and  passenger  tariffs,  and  for 
the  protection  of  the  just  rights  of  the  public,  and  shall  enforce  such  laws  by 
adequate  penalties. 

10.  The  Legislature  shall,  in  the  law  regulating  railway  companies,  require 
railroads  running  through,  or  within  a  half  mile  of  a  town  or  village,  containing 
three  hundred  or  more  inhabitants,  to  establish  stations  for  the  accommodation 
of  trade  and  travel  of  said  town  or  village. 

11.  No  railroad  corporation  shall  consolidate  its  stock,  j)roperty  or  fran- 
chise with  any  other  railroad  owning  a  parallel  or  competing  line,  or  obtain  the 
possession  or  control  of  such  parallel  or  competing  line  by  lease  or  other  con- 
tract, without  the  permission  of  the  Legislature. 

12.  The  exercise  of  the  power  and  the  right  of  eminent  domain  shall  never 
be  so  construed  or  abridged  as  to  prevent  the  taking,  by  the  Legislature,  of  the 
property  and  franchises  of  incorporated  companies  already  organized,  and 
subjecting  them  to  the  public  use,  the  same  as  of  individuals. 


28  Constitution  op  West  Virginia. 

ARTICLE   XII. 

education. 

1.  The  Legislature  shall  provide,  by  general  law,  for  a  thorough  and  efficient 
system  of  free  schools. 

2.  The  State  Superintendent  of  Free  Schools  shall  have  a  general  super- 
vision of  free  schools,  and  perform  such  other  duties  in  relation  thereto  as  may  be 
prescribed  by  law.  If  in  the  performance  of  any  such  duty  imposed  upon  him 
by  the  Legislature  he  shall  incur  any  expenses,  he  shall  be  reimbursed  therefor; 
Provided,  the  amount  does  not  exceed  five  hundred  dollars  in  any  one  year. 

3.  Legislature  may  provide  for  count}'  superintendents  and  such  other 
officers  as  may  be  necessary  to  carrj^  out  the  objects  of  this  article  and  define 
their  duties,  jjowers  and  compensation. 

4.  [This  section  is  modified  by  the  Irreducible  School  Fund  Amendment.) 
The  existing  permanent  and  invested  school  fund,  and  all  monej-  accruing  to 
this  State  from  forfeited,  delinquent,  waste  and  unapproi)riated  lands;  and  from 
lands  heretofore  sold  for  taxes  and  purchased  by  the  State  of  ^'irginia,  if  here- 
after redeemed  or  sold  to  others  than  this  State;  all  grants,  devises  or  bequests 
that  may  be  made  to  this  State,  for  the  purposes  of  education  or  where  the  pur- 
poses of  such  grants,  devises  or  bequests  are  not  specified;  this  State's  just  share 
of  the  literary  fund  of  Virginia,  whether  paid  over  or  otherwise  liquidated;  and 
any  sums  of  money,  stocks  or  property  which  this  State  shall  have  the  right  to 
claim  from  the  State  of  Virginia  for  educational  purposes;  the  proceeds  of  the 
estates  of  persons  who  may  die  without  leaving  a  will  or  heir,  and  of  all  escheated 
lands;  the  proceeds  of  any  taxes  that  may  be  levied  on  the  revenues  of  any 
corporations;  all  moneys  that  may  be  paid  as  an  equivalent  for  exemption  from 
military  duty;  and  such  sums  as  may  from  time  to  time  be  appropriated  by  the 
Legislature  for  the  purpose,  shall  be  set  apart  as  a  separate  fund  to  be  called  the 
"School  Fund,"  and  invested  under  such  regulations  as  maj"  be  prescribed  by 
law,  in  the  interest  bearing  securities  of  the  United  States,  or  of  this  State,  or 
if  such  interest  bearing  securities  cannot  be  obtained,  then  said  "School  Fund" 
shall  be  invested  in  such  other  solvent,  interest  bearing  securities  as  shall  be 
approved  by  the  Governor,  Superintendent  of  Free  Schools,  Auditor  and  Treasu- 
rer, who  are  hereby  constituted  the  "Board  of  the  School  Fund,"  to  manage 
the  same  under  such  regulations  as  maj'  be  prescribed  by  law;  and  the  interest 
thereof  shall  be  annually  applied  to  the  support  of  free  schools  throughout  the 
State,  and  to  no  other  purpose  whatever.  But  any  portion  of  said  interest 
remaining  unexpended  at  the  close  of  a  fiscal  j^ear  shall  be  added  to  and  remain 
a  part  of  the  cajjital  of  the  "School  Fund."  Provided,  That  all  taxes  which  shall 
be  received  by  the  State  upon  delinquent  lands,  except  the  taxes  due  to  the 
State  thereon,  shall  be  refunded  to  the  count\-  or  district  by  or  for  which  the  same 
were  levied. 

5.  The  Legislature  shall  provide  for  the  sup[)ort  of  free  schools  by  api)ro- 
priating  thereto  the  interest  of  the  invested  "School  Fund,"  the  net  proceeds 
of  all  forfeitures  and  fines  accruing  to  this  State  under  the  laws  thereof;  the 
State  capitation  tax,  and  by  general  taxation  of  persons  and  property  or  other- 
wise. It  shall  also  provide  for  raising  in  each  county  or  district,  by  the  authoritj' 
of  the  people  thereof,  such  a  proportion  of  the  amoimt  required  for  the  support 
of  free  schools  therein  as  shall  be  prescribed  by  general  laws. 


Constitution  of  West  Virginia.  29 

6.  The  school  districts  into  which  any  county  is  now  divided  shall  continue 
until  changed  in  pursuance  of  law. 

7.  All  levies  that  may  be  laid  by  any  county  or  district  for  the  purpose  of 
free  schools  shall  be  reported  to  the  clerk  of  the  county  court,  and  shall,  under 
such  regulations  as  may  be  prescribed  by  law,  be  collected  by  the  sheriff,  or  other 
collector,  who  shall  make  annual  settlement  with  the  county  court;  which  settle- 
ment shall  be  made  a  matter  of  record  by  the  clerk  thereof,  in  a  book  to  be  kept 
for  that  purpose. 

8.  White  and  colored  persons  shall  not  be  taught  in  the  same  school. 

9.  No  person  connected  with  the  free  school  system  of  the  State,  or  with 
any  educational  institution  of  any  name  or  grade  under  State  control,  shall  be 
interested  in  the  sale,  proceeds  or  profits  of  any  book  or  other  thing  used,  or  to 
be  used  therein,  under  such  penalties  as  may  be  prescribed  by  law:  Provided, 
That  nothing  herein  shall  be  construed  to  appl}^  to  any  work  WTitten,  or  thing 
invented,  by  such  person. 

10.  No  independent  free  school  district,  or  organization  shall  hereafter  be 
created,  except  with  the  consent  of  the  school  district  or  districts  out  of  which 
the  same  is  to  be  created,  expressed  by  a  majority  of  the  voters  voting  on  the 
question. 

11.  No  appropriation  shall  hereafter  be  made  to  any  State  normal  school, 
or  branch  thereof,  except  to  those  already  established  and  in  operation,  or  now 
chartered. 

12.  The  Legislature  shall  foster  and  encourage  moral,  intellectual,  scientific 
and  agricultural  improvement;  it  shall,  whenever  it  may  be  practicable,  make 
suitable  provision  for  the  blind,  mute  and  insane,  and  for  the  organization  of 
such  institutions  of  learning  as  the  best  interest  of  general  education  in  the  State 
ma.v  demand. 

ARTICLE  XIII. 

LAND    TITLES. 

1.  All  private  rights  and  interests  in  lands  in  this  State  derived  from  or  under 
the  laws  of  the  State  of  Virginia,  and  from  or  under  the  constitution  and  laws  of 
this  State  prior  to  the  time  this  constitution  goes  into  operation,  shall  remain 
valid  and  secure  and  shall  be  determined  by  the  laws  in  force  in  Virginia,  prior 
to  the  formation  of  this  State,  and  by  the  constitution  and  laws  in  force  in  this 
State  prior  to  the  time  this  constitution  goes  into  effect. 

2.  No  entry  by  warrant  on  land  in  this  State  shall  hereafter  be  made. 

3.  All  title  to  lands  in  this  State  heretofore  forfeited.,  or  treated  as  forfeited, 
waste  and  unappropriated,  or  escheated  to  the  State  of  Virginia  or  this  State, 
or  purchased  by  either  of  said  States  at  sales  made  for  the  non-payment  of 
taxes  and  become  irredeemable,  or  hereafter  forfeited,  or  treated  as  forfeited, 
or  escheated  to  this  State,  or  purchased  bj^  it  and  become  irredeemable,  not 
redeemed,  released  or  otherwise  disposed  of,  vested  and  remaining  in  this  State, 
shall  be,  and  is  hereby  transferred  to,  and  vested  in  any  person  (other  than  those 
for  whose  default  the  same  ma}'  have  been  forfeited  or  returned  delinquent, 
their  heirs  or  devisees),  for  so  much  thereof  as  such  person  has,  or  shall  have  had 
actual  continuous  possession  of,  under  color  or  claim  of  title  for  ten  years,  and 
who,  or  those  under  whom  he  claims,  shall  have  paid  the  State  taxes  thereon  for 
any  five  years  during  such  possession;  or  if  there  be  no  such  person,  then  to  any 


30  Constitution  of  West  Virginia. 

person  (other  than  those  for  whose  default  the  same  may  have  been  forfeited, 
or  returned  dehnquent,  their  heirs  or  devisees),  for  so  much  of  said  land  as  such 
person  shall  have  title  or  claim  to,  regularly  derived,  mediately  or  immediately 
from,  or  under  a  grant  from  the  Commonwealth  of  Virginia  or  this  State,  not 
forfeited,  which  but  for  the  title  forfeited  would  be  valid,  and  who,  or  those 
under  whom  he  claims  has,  or  shall  have  paid  all  State  taxes  charged  or  chargeable 
thereon  for  five  successive  j'ears,  after  the  year  1865,  or  from  the  date  of  the 
grant,  if  it  shall  have  issued  since  that  year;  or  if  there  be  no  such  person,  as 
aforesaid,  then  to  any  person  (other  than  those  for  whose  default  the  same  maj' 
have  been  forfeited,  or  returned  dehnquent,  their  heirs  or  devisees),  for  so 
much  of  said  land  as  such  person  shall  have  had  claim  to  and  actual  continuous 
possession  of,  under  color  of  title  for  any  five  successive  years  after  the  year 
1865,  and  have  paid  all  State  taxes  charged  or  chargeable  thereon  for  said  period. 

4.  All  lands  in  this  State,  waste  and  unappropriated,  or  heretofore  or  here- 
after for  anj^  cause  forfeited,  or  treated  as  forfeited,  or  escheated  to  the  State  of 
Virginia,  or  this  State,  or  purchased  by  either  and  become  irredeemable,  not 
redeemed,  released,  transferred  or  otherwise  disposed  of,  the  title  whereto  shall 
remain  in  this  State  till  such  sale  as  is  hereinafter  mentioned  be  made,  shall  by 
proceedings  in  the  circuit  court  of  the  county  in  which  the  lands,  or  a  part  thereof, 
are  situated,  be  sold  to  the  highest  bidder. 

5.  The  former  owner  of  any  such  land  shall  be  entitled  to  receive  the  excess 
of  the  sum  for  which  the  land  maj'  be  sold  over  the  taxes  charged  and  charge- 
able thereon,  or  which,  if  the  land  had  not  been  forfeited,  would  have  been  charged 
or  chargeable  thereon,  since  the  formation  of  this  State,  with  interest  at  the 
rate  of  twelve  per  centum  per  annum,  and  the  costs  of  the  proceedings,  if  his 
claim  be  filed  in  the  circuit  court  that  decrees  the  sale,  within  two  j-ears  thereafter. 

6.  It  shall  be  the  duty  of  every  owner  of  land  to  have  it  entered  on  the  land 
books  of  the  county  in  which  it,  or  part  of  it,  is  situated,  and  to  cause  himself 
to  be  charged  with  the  taxes  thereon,  and  pay  the  same.  When  for  any  five 
successive  years  after  the  year  1869,  the  owner  of  any  tract  of  land  containing 
one  thousand  acres  or  more,  shall  not  have  been  charged  on  such  books,  with 
State  tax  on  said  land,  then  by  operation  hereof,  the  land  shall  be  forfeited  and 
the  title  thereto  vest  in  the  State.  But  if,  for  any  one  or  more  of  such  five  years, 
the  owner  shall  have  been  charged  with  State  tax  on  any  part  of  the  land,  such 
part  thereof  shall  not  be  forfeited  for  such  cause.  And  any  owner  of  land  so 
forfeited,  or  of  any  interest  therein  at  the  time  of  the  forfeiture  thereof,  who 
shall  then  be  an  infant,  married  woman,  or  insane  person,  may,  until  the  ex- 
piration of  three  years  after  the  removal  of  such  disability  have  the  land,  or  such 
interest  charged  on  such  books,  with  all  State  and  other  taxes  that  shall  be, 
and  but  for  the  forfeiture  would  be,  chargeable  on  the  land,  or  interest  therein 
for  the  year  1863,  and  every  year  thereafter  with  interest  at  the  rate  of  ten  per 
centum  per  annum;  and  pay  all  taxes  and  interest  thereon  for  all  such  years  and 
thereby  redeem  the  land  or  interest  therein.  Provided,  Such  right  to  retiecm  shall 
in  no  case  extend  bej'ond  twenty  years  from  the  time  such  land  was  forfeited. 

ARTICLE  XIV. 

AMENDMENTS. 

1.     No  convention  shall    be   called,  having  the    authority  to   alter   the  Con- 


Constitution  of  We^t  ,Virgjni>..    ,  31 

stitution  of  the  State,  unless  it  be  in  pursuance  of  a  law,  passed  bj^  the  affir- 
mative vote  of  a  majority  of  the  members  elected  to  each  House  of  the  Legis- 
lature and  providing  that  polls  shall  be  opened  throughout  the  State,  on  the 
same  day  therein  specified,  which  shall  not  be  less  than  three  months  after  the 
passage  of  such  law,  for  the  purpose  of  taking  the  sense  of  the  voters  on  the 
question  of  calling  a  convention.  And  such  convention  shall  not  be  held  unless 
a  majority  of  the  votes  cast  at  such  polls  be  in  favor  of  calling  the  same;  nor 
shall  the  members  be  elected  to  such  convention  until,  at  least,  one  month  after 
the  result  of  the  vote  shall  be  duly  ascertained,  declared  and  published.  And  all 
acts  and  ordinances  of  the  said  convention  shall  be  submitted  to  the  voters  of 
the  State  for  ratification  or  rejection,  and  shall  have  no  validity  whatever  until 
they  are  ratified. 

2.  Any  amendment  to  the  Constitution  of  the  State  may  be  proposed  in 
either  House  of  the  Legislature;  and  if  the  same,  being  read  on  three  several  days 
in  each  House,  be  agreed  to  on  its  third  reading,  bj'  two-thirds  of  the  members 
elected  thereto,  the  proposed  amendment,  with  the  yeas  and  nays  thereon,  shall 
be  entered  on  the  journals,  and  it  shall  be  the  duty  of  the  Legislature  to  provide 
by  law,  for  submitting  the  same  to  the  voters  of  the  State  for  ratification  or 
rejection  at  the  next  general  election  thereafter,  and  cause  the  same  to  be  pub- 
lished, at  least  three  months  before  such  election  in  some  newspaper  in  every 
county  in  which  a  newspaper  is  printed.  And  if  a  majority  of  the  quaUfied 
voters,  voting  on  the  question  at  the  polls  held  pursuant  to  such  law,  ratify-  the 
proposed  amendment,  it  shall  be  in  force  from  the  time  of  such  ratification,  as 
part  of  the  Constitution  of  the  State.  If  two  or  more  amendments  be  submitted 
at  the  same  time,  the  vote  on  the  ratification  or  rejection  shall  be  taken  on  each 
separatel}-. 


32  Constitution  o'i'  West  Virginia. 

AMENDMENTS  TO  THE  CONSTITUTION. 


The  Judicial  Amendment. 

[Joint  Resolution  No.  G  (H.  J.  R.  No.  15),  Acts  1901,  p.  462.    Ratified  in  Nov- 
ember, 1902.] 

That  the  following  be  proposed  as  an  amendment  to  the  Constitution  of  this 
State : 

The  Supreme  Court  of  Appeals  shall  consist  of  five  judges.  Those  judges  in 
office  when  this  amendment  takes  effect  shall  continue  in  office  until  their  terms 
shall  expire,  and  the  Legislature  shall  provide  for  the  election  of  an  additional 
judge  of  said  court  at  the  next  general  election,  whose  term  shall  begin  on  the 
first  day  of  January,  one  thousand  nine  hundred  and  five,  and  the  Governor 
shall,  as  for  a  vacancy,  appoint  a  judge  of  said  court  to  hold  office  until  the  first 
day  of  January,  one  thousand  nine  hundred  and  five.  The  judges  of  the  supreme 
court  of  appeals  and  of  the  circuit  courts  shall  receive  such  salaries  as  shall  be 
fixed  by  law,  for  those  now  in  or  those  hereafter  to  come  into  office. 


The  Irreducible  School  Fund  Amendmenl. 

[Joint  Resolution  No.  11  (H.  J.  R.  No.  28),  Acts  1901,  p.  465.    Ratified  in  Nov- 
ember, 1902.] 

That  the  following  be  proposed  as  an  amendment  to  the  Constitution  of  the 
State : 

The  accumulation  of  the  school  fund  provided  for  in  section  four  of  article 
twelve,  of  the  Constutition  of  this  Stale,  shall  cease  upon  the  adoption  of  this 
amendment,  and  all  money  to  the  credit  of  said  fund  over  one  million  of  dollars, 
together  with  the  interest  on  said  fund,  shall  be  used  for  the  sujiport  of  the  free 
schools  of  this  State.  All  money  and  taxes  heretofore  i)ayablc  into  the  treasurj' 
under  the  provision  of  the  said  section  four,  to  the  credit  of  the  school  fund, 
shall  be  hereafter  paid  into  the  treasury  to  the  cn^dit  of  the  general  school  fund 
for  the  support  of  the  free  schools  of  the  State. 


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